Human Rights Council elections 2008 - France

Amnesty International is concerned that individuals continue to be deported from France to countries where they may be at risk of serious human rights violations, including torture, in violation of France’s obligations under international law.

Despite modifications introduced by the law on immigration, integration and asylum (loi relatif à la maîtrise de l’immigration, à l’intégration et à l’asile) in November 2007, appeals procedures for asylum claims made at the border or claims being heard under the accelerated procedure fail to meet international standards for full and fair review with suspensive effect by an independent body.

For several years, Amnesty International has documented the authorities’ inadequate response to allegations of torture or other ill-treatment and of excessive use of force, including possible unlawful killings, by law enforcement officials. Amnesty International has recorded a large number of cases in which ineffective internal police investigations into allegations of torture and other ill-treatment have led to such investigations being closed by the judicial or prosecutorial authorities without ever coming to trial, even in cases where there was credible evidence that a violation had occurred.

In the few cases that have come to trial, convictions have been rare or sentences have been nominal. Amnesty International has analyzed some of these cases in its 2005 report, The Search for Justice (listed below), including the case of 16-year-old Yacine where the prosecutor requested acquittal of the officers involved despite the serious injuries suffered by the minor.

Furthermore, although the French Penal Code criminalises the act of “torture”, it does not define this term. The lack of a legal definition of torture in accordance with that set out in Article 1 of the UN Convention against Torture is an obstacle to the effective prosecution and prevention of such crimes.

Racism is a major element in many of the cases of torture and other ill-treatment by police examined by Amnesty International. Almost all the cases which have come to the organization’s attention involve persons of non-European origin, most commonly of North African or sub-Saharan extraction.

Amnesty International considers that the continued failure of the authorities to address these violations effectively has led to a climate of impunity for law enforcement officials.

Amnesty International is concerned that legislation passed in 2006 (Law 2006-64) violates the right of detainees to effective legal counsel.  Under this legislation, individuals detained on suspicion of terrorism-related offences may access a lawyer only once after 72 hours in custody, once after 96 hours, and once after 120 hours. 

Amnesty International has repeatedly highlighted the problem of violence against women in France.  Official data from 2006 recorded 127 women killed by their partner, an average of more than one woman killed every three days.  Almost one in 10 women in France has been the victim of domestic violence.  The procedures for women to access justice are slow and complex and migrant women face additional difficulties. 

Recent Amnesty International statements and reports:

General

Amnesty International Annual Report extracts for France, 2005-2007

Effective impunity of law enforcement officials for human rights violations

France: The search for justice: The effective impunity of law enforcement officers in cases of shootings, deaths in custody or torture and ill-treatment (Report, April 2005)

Asylum and Refoulement

Europe and Central Asia: Summary of Amnesty International’s Concerns in the Region: January – June 2007 (December 2007)
Tunisia: Secret detention/fear of torture: Houssine Tarkhani (June 2007)
France: Fear of forcible return/Fear of torture: Adel Tebourski (July 2006)

Violence against women

France: Violence against women - a matter for the state (Report, 6 February 2006)

Ratification of International Treaties

Treaty Status Recognition of specific competences of Treaty Bodies Reservations/Declarations
International Covenant on Civil and Political Rights (ICCPR) Acceded None Entered
Optional Protocol to the ICCPR Acceded   Entered
Second Optional Protocol to the ICCPR on the death penalty Acceded    
International Covenant on Economic, Social and Cultural Rights Acceded   Entered
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Ratified   Entered
Optional Protocol to CEDAW Ratified Arts. 8 and 9 (inquiry procedure)  
International Convention on the Elimination of All Forms of Racial Discrimination Acceded Art. 14 (individual complaints) Entered
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) Ratified Art. 20 (inquiry procedure)
Art. 21 (inter-state complaints)
Art. 22 (individual complaints)
 Entered
Optional Protocol to CAT Signed    
Convention on the Rights of the Child (CRC) Ratified   Entered
Optional Protocol to the CRC on children in armed conflict Ratified   Entered
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography Ratified    
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families      
International Convention for the Protection of All Persons from Enforced Disappearance Signed    
Rome Statute of the International Criminal Court Ratified   Entered
Convention Relating to the Status of Refugees Ratified   Entered
Protocol Relating to the Status of Refugees Acceded    
The Four Geneva Conventions Ratified    
Protocol I to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts Ratified    
Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts Ratified    
Protocol III to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem Signed    

Compliance with Reporting Obligations

Total Overdue Reports Up to 5 years overdue 5-10 years overdue 10 years or more overdue
None        

Cooperation with the Special Procedures

Extension of a standing invitation Outstanding visit requests (year requested) Forthcoming visits (dates if available) Missions carried out between May 2007 and April 2008
All Special Procedures None None Independent expert on minority issues (Sept. 2007)
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