Monaco report on the implementation of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

On 8 and 9 April 2025, at its 82nd session (7 April 2025 - 2 May 2025), the Committee against Torture considered Monaco's 7th periodic report under the Convention against Torture (CAT/C/MCO/7, distr. 8 June 2023) drawn up on the basis of a list of issues (submitted on 24 December 2019). At the headquarters of the Office of the UN High Commissioner for Human Rights in Geneva, the Monegasque delegation presented developments in the legal and institutional framework (including legislation in preparation, the prison system, the High Commissioner for the Protection of Rights and Mediation, etc.). The Committee will publish its concluding observations on 2 May.

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Main points presented

Criminalisation of torture

As Monegasque law stands, torture is prohibited by article 20 of the Constitution, with aggravated offences (murder, rape, kidnapping) when committed with acts of torture or barbarism. Crimes aggravated by torture are time-barred after 30 years. The nullity of evidence obtained under torture is guaranteed by the Code of Criminal Procedure and case law based on the European Court of Human Rights.

Monaco is considering incorporating a complete definition of torture into Monegasque law, in accordance with article 1 of the Convention, including the non-applicability of the statute of limitations to the crime of torture, the nullity of evidence obtained under duress and the non-opposability of hierarchical orders.

Optional Protocol to the Convention against Torture (OPCAT)

The objective of the Protocol "is to establish a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment".

Monaco does not rule out its ratification, which requires impact studies, while giving priority to the ratification of the main international human rights instruments.

Refugees

Refugees are subject to ordinary law for entry and residence in Monaco. 23 refugees are currently accommodated here. Rejections of asylum applications are justified and may be appealed.

Monaco has introduced a temporary protection permit for Ukrainian citizens living in Monaco before February 2022 (around fifty).

International cooperation

Monaco has not received any requests for mutual legal assistance and has not handled any international cases involving acts of torture.

One extradition request was rejected by the Monaco Court of Appeal due to human rights concerns.

National human rights institution

The mandate of the High Commissioner for the Protection of Rights and Mediation has been extended since Sovereign Order no. 10.845 of 1st October 2024, and may in future take part in the Committee's examinations.

Guarantee of fundamental rights

The following guarantees apply to police custody: the right to a lawyer from the first hour, compulsory audiovisual recording, the right to remain silent, the right to a medical examination, the right to inform a close relative unless it is considered that such communication would be detrimental to the investigation (article 60-7 of the Code of Criminal Procedure). Only minors over the age of 13 may be held in police custody, unless there are serious exceptions.

The prison is the only detention centre in Monaco. Monitored by international mechanisms, improvements have been made (natural light, exercise yard, games room, air conditioning, end of solitary confinement, more flexible internal regulations). Imprisonment and pre-trial detention of minors are measures of last resort (alternatives to criminal prosecution, placement in a children's home "Foyer de l'enfance").

Monaco is considering formalising the procedure for transfer to a French prison, as requests are generally made by French citizens. No Monegasque is detained abroad.

The High Commission receives complaints from detainees and an internal control body within the police force may be called upon by the courts to investigate police officers accused of human rights violations. Legal proceedings are initiated once a complaint has been lodged with the public prosecutor.

Compensation and assistance for victims

A compensation scheme for victims of serious offences was introduced by Sovereign Order 10.640 of 27 June 2024.

The Association d'aide aux victimes d'infraction pénales (AVIP) assists them during the proceedings. A dedicated protocol takes care of victims of violence, particularly women and children (emergency accommodation, medical care, psychological and legal assistance). Health professionals are trained to support victims and perpetrators.

Training for judges and police officers

Judges receive 5 days' training a year on human rights, and the government ensures that decisions of the European Court of Human Rights are rapidly incorporated.

Police officers receive 10 months' training in ethics, human dignity, the proportionate use of force and the prohibition of torture.

Independence of the judiciary

The judicial power emanating from the Prince is fully delegated to the courts and tribunals. The Secretary of State for Justice, who administers this power, is separate from the Government. He may issue general policy instructions to the Attorney General in the form of circulars, but may not issue individual instructions.

The High Council of the Judiciary ("Haut Conseil de la Magistrature") issues binding opinions on appointments, promotions and disciplinary sanctions.

Judges and prosecutors are recruited by competitive examination, trained at the French Ecole Nationale de la Magistrature, and complete a 2-year traineeship in Monaco. Two-thirds of judges are seconded from France.

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Sources :

• Press release from the Government of Monaco, 12 April 2025
• Meeting Summary produced by the United Nations Information Service in Geneva, 9 April 2025

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