HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF INITIAL REPORT OF MONACO

Human Rights Committee
72nd session
13 July 2001
Afternoon







Absence of Lawyer During First 24 Hours in Police Custody is
a Concern, Chairperson Says in Preliminary Remarks



The Human Rights Committee this afternoon concluded its one-day examination of an initial report of the Principality of Monaco. In preliminary remarks, the Chairperson of the Committee said that the lack of access to legal counsel during the first 24 hours of police custody of a suspect was a concern.

Chairperson Prafullachandra Natwarlal Bhagwati said that the Committee was concerned, among other things, that Monaco still had one reservation and six interpretative declarations pending; the reservations were not necessary; and the hierarchical position of the Covenant vis-a-vis domestic legislation was not clearly defined. The Constitution did not say anything about the prevalence of international conventions, including the Covenant. On another issue, he said the situation of women had to be improved in practice and at the level of the law.

The Chairperson said that during the first 24 hours of police custody of a suspect, the individual had no access to a legal counsel, and one was not sure what would happen within that period of time in the hands of the police; and the Committee was also worried about the issuance of expulsion orders without giving any reasons; the individual concerned ought to know the reasons of his or her expulsion.

The Committee will adopt its formal, written conclusions and recommendations on the initial report of Monaco in a closed meeting and will release the text towards the end of its three-session on 27 July.


Monaco is among the 148 States parties to the Covenant and as such it must file periodic summaries of the work accomplished with the aim of implementing the provisions of the treaty. A 3-member Monegasque delegation was on hand throughout the day to present the report and to provide answers to questions raised by Committee members.

When the Committee reconvenes at 10 a.m. on Monday, 16 July, it will devote the whole day to the examination of communications in closed session. The communications are received from individuals claiming to be victims of the rights enshrined in the International Covenant by their respective States parties. No communications can be received by the Committee if they concern a State party to the Covenant that has not recognized the competence of the Committee to receive communications and if the country is not also a party to the Optional Protocol; at present there are 98 States parties to the Optional Protocol. The Committee will start its consideration of the second periodic report of Guatemala on Tuesday at 3 p.m.


Discussion of Monaco's Report

The delegation continued to provide answers to written questions prepared by Committee members in advance. The delegation said that the functions of the judicial police were exercised under the authority of the Court of Appeals and under the direction of the public prosecutor by the officers of the judicial police. All arrests were carried out under the strict control of a judge, who was notified immediately after an arrest was made by the police services; prison detention could only be carried out pursuant to a judge's order; and arbitrary detention was punishable under the criminal code.

Any individual under arrest should be brought before a judge within 24 hours following the arrest, the delegation said. An appeal, requesting a decision regarding release within a period of five days by three other judges, might be lodged at any time by an accused person in pre-trial detention. The duration for pre-trial detention was limited to a renewable two-month period. Convicted persons did not serve long sentences in Monaco, but were transferred to French prisons where they had a full range of opportunities with regard to work, education and health care.

Asked about the powers of the police court, the delegation answered by saying that it had one judge who had the power to decide on cases involving up to 5,000 francs and imprisonment of between three to five days.

On the question of presumption of innocence, the delegation said that it was a fundamental principle of criminal law, but it was not explicitly established in the Monegasque law because it was self evident in the country's criminal law. In the event of miscarriage of justice, the person who had suffered punishment as a result of conviction was compensated according to the law of Monaco.

Responding to a question on refoulement, the delegation said that measures of refoulement from Monaco's territory were the responsibility of the Minister of State of the Principality. Refoulement measures led to the foreigner concerned being prohibited from entering Monaco.


The right to establish or to join a trade union already created was guaranteed by the Constitution, the delegation said. Persons over 16 years could join trade unions; membership required payment of periodic fees; and a worker should not be a member of more than one trade union.

Further, the right to strike was guaranteed in defence of the interests of workers and union members, the delegation said. However, it should be organized in keeping with the obligations of the law and the social order; and it should not hinder other workers willing to continue their work.

The delegation was asked about the guarantees concerning the expression of the will of the electorate during elections; the delegation said that the reform of the election system was envisaged to change its modalities. The Government had been contemplating to amend the law. The actual electoral law did not guarantee pluralism, and there was no organ monitoring the election process.

Responding to oral questions raised by Committee members, the delegation said that the transfer of prisoners to French prisons concerned only French and other nationals and not Monegasque nationals. The measure was prompted by the fact that there were only a few places in the prison to accommodate prisoners long term.

The delegation said that exile was an outdated form of punishment no longer used by the judicial authorities. However, expulsion and refoulement were still used against undesired foreigners.

Asked about the rights of an accused person appearing before a court, the delegation said that an accused person was informed of his right to be assisted by counsel of his own choosing or the right to request to have legal assistance assigned to him free of charge. An accused might ask to hear any witness he deemed necessary; but the country's legal system was an accusatory one and witnesses were not examined by the accused or his counsel as in the case of the Anglo-Saxon legal system, but by the judge.

There were linguistic minorities in the country who spoke the Monegasque language, the delegation said. That language was taught in schools and it was not limited to Monegasque children; last year in a general language competition, it was a Japanese girl who won the prize in the Monegasque language. French, Italian and English were also widely spoken in the country.

With regard to religious minorities, the delegation said that there were religions other than the Catholic Church, whose doctrine was taught in public schools. Attending Catholic religious classes were optional. Despite the presence of a number of individuals with different creeds, the Government was not able to provide all places of worship.


Preliminary Remarks on Report of Monaco

Committee Chairperson Prafullachandra Natwarlal Bhagwati said he appreciated the frank and open dialogue with the delegation of Monaco. It was a matter of satisfaction that the initial report of Monaco was submitted on time. Some Experts had said that the report was sketchy, however, the next report would enable the Committee to have full information on the human rights situation in the country.

He said that the Committee was concerned, among other things, that Monaco had one reservation and six interpretative declarations which were still pending; the reservations were not necessary; and the hierarchical position of the Covenant vis-a-vis domestic legislation was not clearly defined. The Constitution did not say anything about the prevalence of international conventions, including the Covenant. The situation of women had to be improved in practice and at the level of the law.

The Chairperson said that during the first 24 hours of police custody of a suspect, the individual had no access to legal counsel, and one was not sure what would happen within that period of time in the hands of the police. The Committee was also worried about the issuance of expulsion orders without giving any reasons; the individual concerned ought to know the reasons of his expulsion.


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