During the 82nd session of the Committee Against Torture (CAT)[i], France’s record on police practices and detention conditions faced pointed scrutiny. Omnium des Libertés (ODL) recent report submitted to the Committee[ii] provided testimony-driven evidence highlighting abuses by French law enforcement and violations of detainees’ fundamental rights. In this context, the Committee used its platform to seek clarity and accountability from France, reinforcing the utility and urgency of independent civil society reporting.
The CAT’s Focus: Use of Force and Inhumane Detention
One of the CAT’s priorities in the dialogue was to probe the proportionality of police force during arrests and the quality of oversight in such interventions. As stated during the session, “The Committee has received very worrying information regarding excessive use of force by the police, which in some cases has even led to deaths.”. These questions echo ODL’s documentation of events such as the simultaneous raids on yoga centers. ODL reports, “Heavily armed and hooded police burst into several homes, breaking down doors with battering rams, despite the availability of keys. The occupants… were kept in the courtyard in the freezing cold… for almost an hour.”
The Committee’s approach was methodical: it requested data on cases involving the use of lethal force, the training provided to officers, and the existence of mechanisms to guarantee accountability and proportionality. CAT members observed a “lack of tools for evaluating the real effect of training and prevention policies”, a shortcoming that aligns with ODL’s view of “inadequate supervision of police practices”.
Furthermore, the Committee questioned whether French law incorporates the principle of absolute prohibition of torture, and whether subordinates are protected against orders to commit torture or ill treatment. “Does the French Penal Code ensure that neither orders from a superior nor public authority can be invoked to justify torture?” the Committee inquired. This direct questioning highlights international expectations of France’s legal obligations and the need for legislative precision.
Detainee Rights and Conditions: Persistent Shortcomings Highlighted
Conditions in police custody—especially regarding access to food, hygiene, clothing, and legal counsel—were central to both CAT’s interrogation and ODL’s reporting. Testimony from ODL details situations where those arrested “report degrading conditions of detention, marked by flagrant violations of their fundamental rights. Several testimonies describe deprivation of food and water.”
The Committee, in agreement, pressed for information: “What measures will the government implement to improve access to sufficient food… medical care for sick persons and hygiene conditions?”. These explicit references to basic humanitarian standards were reinforced by requests for government action on “support for vulnerable persons and psychological care for those in distress,” as well as the establishment of an independent complaints mechanism for victims of violence or ill treatment.
Another core questioning from CAT concerned procedural guarantees during arrest and detention. The Committee asked French authorities for clarity on “access to legal counsel at the earliest phase of detention,” mirroring the ODL Report’s example of a witness who was told she “was not entitled to legal assistance”. The alignment between these independently-sourced findings underlines the value of NGO contributions and the Committee’s willingness to integrate civil society evidence into the official review process.
Systemic Discrimination and Targeting of Minorities
Both the Committee and ODL dedicated particular attention to institutional discrimination and the treatment of minorities. ODL noted “stigmatization of religious and spiritual minorities” and cited the criminalization of yoga practitioners as emblematic. The Committee, for its part, requested data on “measures taken to end the stigmatization and discrimination directed at foreigners, visible minorities”.
This point was further reinforced by reference in the ODL report to the UN Special Rapporteur’s recent analysis: “institutional prejudices shape an unjust reality for minorities, obscuring their protection under unfounded prejudices”. The convergence of CAT’s mandate and the ODL’s testimony draws sharp attention to ongoing risks of cruel, inhuman, or degrading treatment for minorities in France.
France’s Position in European Detention Standards
The session also highlighted a broader pattern. As noted by French and European sources, France ranks poorly in Europe regarding detention conditions and prison overpopulation. Citing authoritative analysis from TF1Info: “France is the worst performer in Europe in terms of prison conditions and has seen a steady rise in the number of prisoners for the past nine months.” [iii]
The CAT session reflected this, pointing out “the persistent phenomenon of prison overcrowding” and highlighting that “the situation remains concerning despite certain efforts.” ODL’s findings further reinforce these observations, describing the “deprivation of food and water for long periods,” and the denial of “immediate access to a lawyer”.
The Need for Effective Legal Remedies
A running theme in both the Committee’s questions and the ODL report is the lack of effective remedies for victims. The CAT stressed the necessity of “an independent and effective investigation process accessible to all victims of police violence”. The ODL Report similarly criticizes the “failure to protect detainees’ fundamental rights, such as immediate access to legal assistance,” and emphasizes the lack of independent oversight.
Questions from the Committee further included: “Is there a comprehensive strategy to reduce the prison population, which should include urgent measures to safeguard the rights and fundamental freedoms of incarcerated persons?”. These issues continue to plague the French system, with accounts from both official bodies and civil society attesting to slow or ineffective implementation of past recommendations.
Reflection on Civil Society’s Contribution and France’s Obligation
The constructive participation of civil society, recognized in the opening of the CAT’s 82nd session, is vital. As noted by the Committee: “I welcome the presence of civil society… national human rights institutions, and the Defender of Rights. They each play a major role in the rule of law in France and in the protection of liberties. Our dialogue with them is ongoing.”
The Committee’s recent communiqué further stresses the central role of such participation:
“Experts of the Committee Against Torture praised France’s engagement and its active participation in the review, including the presence of robust civil society.”[iv]
Persistent Issues and Open Questions
Throughout the session, the questions and concerns expressed by the Committee closely mirrored the findings compiled by Omnium des Libertés. From instances of excessive force, degrading conditions of detention, to institutional discrimination and lack of effective remedies, both sources conclude that gaps persist in France’s compliance with its international obligations.
The Committee’s experts have thus articulated a set of probing questions for France—questions that remain open, pending concrete reforms and implementation. In light of the evidence presented, there remains uncertainty about the ability of investigations into allegations of abuse to produce credible results in a system with recognised shortcomings. This finding does not constitute an accusation against the French authorities, but it does highlight the need for further examination and sustained monitoring by national and international oversight bodies.
[i] https://www.ohchr.org/en/treaty-bodies/cat
[ii]https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2FCAT%2FCSS%2FFRA%2F62691&Lang=en
[iii] https://www.tf1info.fr/societe/prisons-surpopulation-carcerale-la-france-mauvaise-eleve-en-europe-le-nombre-de-detenus-prisonniers-en-hausse-depuis-neuf-mois-2306180.html
[iv] https://www.ohchr.org/en/meeting-summaries/2025/04/experts-committee-against-torture-praise-frances-engagement-review
Source UN WEB TV
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