France - OPCAT Situation
OPCAT ratification law n°0176 on 30 July 2008
New Specialised Institution
General Controller of Places of Deprivation of Liberty (Contrôleur général des lieux de privation de liberté)
General Controller law, n°2007-1545 of 30 October 2007 (French version)
General Controller law (English unofficial version) of 30 October 2007
Law n° 2014-528 of 26 May 2014 amending the General Controller Law (French version)
General Controller implementing decree n° 2008-246 of 12 March 2008
Decree nomination Jean-Marie Delarue of 13 June 2008
France decided to create a specialised institution dedicated to torture prevention before ratifying the OPCAT. In October 2007, a legislation was passed to establish the General Controller of Places of Deprivation of Liberty and the mandate-holder was appointed in 2008 for a six-year term. Shortly after, France ratified the OPCAT. In May 2014, an amendment to the Act on the General Controller was adopted to expand its mandate.
The General Controller cannot receive any instruction from any authority, cannot be prosecuted for his opinions he formulates or for the actions he carries out in his functions, and is not allowed to carry out any other duties or elected mandates.
The SPT member who is the SPT Focal Point for France is available here.
The General Controller is assisted in his mandate by an experienced and multi-disciplinary team of controllers. All staff, including administrative staff, participate in the monitoring places of detention.
The French NPM has adopted two documents of reference that regulate its daily work:
The French NPM drafts an annual report every year and submits it to the President of the Republic and to the Parliament. These reports are made available on the French NPM website.