UN Committee Against Torture Publishes Findings On Armenia, France, Mauritius, Monaco, Turkmenistan And Ukraine
The findings contain the Committee's main concerns and recommendations on each country's implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Key highlights include:
Armenia
The Committee commended Armenia's new Criminal and Criminal Procedure Codes, noting the broader definition of torture, stronger procedural safeguards, and additional non-custodial measures. However, it was concerned that the minimum penalty for torture remained too low and recommended that the State party ensure that penalties are commensurate with the gravity of the crime. It also raised concern about the persistently high number of pretrial detainees and called for better training for prosecutors and judges, adequate resources, and clear regulations to support using non-custodial alternatives.
The Committee welcomed the State party's initial efforts to move toward a deinstitutionalised model of psychiatric and social care but was concerned about the continued lack of community-based services and legal safeguards for residents, particularly regarding complaint mechanisms and reviews of involuntary placements. It urged the State party to strengthen legal and procedural protections in law and practice. The Committee also raised concerns about the use of physical and chemical restraints, recommending reduced reliance on coercion and strict compliance with domestic and international standards.
France
The Committee expressed its deep concern over numerous reports of excessive use of force, including lethal force, and ill-treatment by law enforcement officers, particularly during traffic stops, arrests, forced evictions, and demonstrations. It noted that these abuses disproportionately affect minorities, especially people of African descent, people of Arab origin or Muslim religion, Indigenous peoples, and non-nationals. The Committee urged France to ensure prompt, impartial investigations by an independent body, accountability for perpetrators, and adequate redress for victims and their families.
The Committee was concerned about persistent prison overcrowding and poor material conditions in many detention facilities, particularly in overseas territories. It also stated its concern over ongoing violence among detainees and reports of ill-treatment by prison staff. The Committee recommended that France continue its efforts to improve detention conditions and to reduce overcrowding in prisons and other detention places, including by establishing a binding prison regulation mechanism and resorting to non-custodial measures and sentence adjustments. It further called for thorough investigations into all allegations of ill-treatment, accountability for perpetrators, redress for victims, and stronger measures to prevent, monitor and control violence among detainees.
Mauritius
The Committee was concerned by numerous reports of torture, deaths in police custody, and police violence and abuse in Mauritius, as well as allegations of police interference in investigations of complaints of their misconduct, victims' fear of reprisals, and ineffective protective measures. While noting the State party's pledge to adopt a code of practice and strengthen police training, the Committee urged Mauritius to ensure the Independent Police Complaints Commission is adequately resourced and empowered to investigate all torture and ill-treatment promptly, impartially and effectively and prosecute perpetrators as appropriate. It also called for stronger measures to prevent reprisals targeting victims, their families, and legal representatives.
Particularly about reported deaths in police custody, the Committee noted with concern that only a few cases had led to investigations or prosecutions. It called upon Mauritius to ensure all such deaths are promptly and independently investigated, including through independent forensic examinations, in line with the Minnesota Protocol. It also asked the State party to provide the Committee with detailed data on all deaths in detention, their causes, and investigation outcomes.
Monaco
The Committee raised concerns about reports that the 'Maison d'arrêt de Monaco' is structurally incompatible with its current purpose and unsuitable for prolonged detention. It was also concerned that pre-trial detainees still need specific authorisation from judicial authorities to receive visitors or make phone calls. Acknowledging the authorities' land-use constraint, the Committee urged Monaco to consider moving prisoners to a new detention facility that meets international standards on deprivation of liberty and the prevention of ill-treatment. In the meantime, it recommended further efforts to improve living conditions at the current 'Maison d'arrêt de Monaco', including by allowing visits and phone calls for pre-trial detainees without requiring special authorization from the judicial authorities.
The Committee was concerned about the reported precarious working conditions faced by many migrant domestic and undeclared workers, especially in the construction, hospitality, and catering sectors, as well as on private yachts. It also expressed concern over the current legislation that criminalises irregular migration. The Committee urged the State party to strengthen the labour inspectorate to better monitor the situation of migrant workers, in particular domestic workers, including with regards to their recruitment and working conditions. It also recommended increasing efforts to inform migrant workers about their rights and how to file complaints. Finally, it called on the State party to repeal the legal provisions criminalising irregular migration and to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
Turkmenistan
The Committee was alarmed at persistent reports of widespread torture and ill-treatment in Turkmenistan, including severe beating and other serious abuse often used to extract confessions, both in pretrial detention and prisons. It was particularly disturbed by the targeted abuse of individuals perceived to be homosexual, highlighting the discriminatory and systemic nature of such treatment. Despite some audio-visual monitoring in detention facilities, these measures have proven insufficient. The Committee said the lack of open investigations and prosecutions reflects a worrying pattern of institutional impunity. It urged the State party to adopt a zero-tolerance policy towards torture, including a clear statement from senior leadership, and to ensure all allegations are promptly investigated, perpetrators held accountable, and victims fully compensated.
The Committee welcomed the adoption of the Ombudsman Act and Turkmenistan Ombudsperson's recent 'B' status accreditation by the Global Alliance of National Human Rights Institutions (GANHRI). However, it raised concerns over the Ombudsperson's limited independence and authority, particularly the failure to address serious human rights violations such as torture, enforced disappearances, and gender-based violence. The lack of received complaints also raised doubts about the accessibility and credibility of the mechanism. The Committee urged full implementation of GANHRI's 2024 recommendations, including establishing an independent body with the capacity to conduct unannounced visits to all detention sites and private interviews with detainees and respond effectively to abuse allegations.
Ukraine
The Committee acknowledged the challenges Ukraine faces in implementing the Convention due to the Russian Federation's full-scale aggression and occupation of its territory. Nonetheless, it recalled that the Convention applies throughout Ukraine's territory and called for the State party to take all possible steps to ensure implementation of the Convention, accountability, and access to truth, justice, and reparation for victims. While noting Ukraine's commitment to uphold international humanitarian and human rights law during the ongoing conflict, the Committee expressed concern over reports of torture, ill-treatment, and other violations against Russian prisoners of war by Ukrainian forces. It underscored that the prohibition of torture is absolute and non-derogable, that no exceptional circumstances whatsoever may be invoked as a justification of torture and that the obligations stemming from this prohibition were not subject to reciprocity, and reminded Ukraine of its obligations under international humanitarian and human rights law. The Committee asked the State party to continue to make clear condemnation of such violations at the highest levels, conduct prompt and impartial investigations into all torture allegations, and ensure full procedural safeguards, including access to medical screening upon every transfer and entry into a new facility for all captured combatants.
The Committee expressed concern that initial confidential medical examinations are not routinely granted in Ukraine and are reportedly often carried out in the presence of police officers. It called upon Ukraine to guarantee fundamental legal safeguards for all detainees from the outset of deprivation of liberty, including the right to request and receive a medical examination by an independent doctor, free of charge, or a doctor of their choice, conducted out of hearing and sight of police officers, unless the doctor concerned explicitly requests otherwise.
The above findings, officially known as Concluding Observations, are now available on the session page.
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