Monaco: Committee urges reforms in torture legislation, detention conditions, and migrant and asylum seeker protections

The country rapporteurs were Mr. Abderrazak Rouwane and Mr. Erdogan Iscan.

The Monaco delegation was led by Mr. Samuel Vuelta Simon, Secretary of State for Justice of Monaco.

Main Issues Discussed

The Committee expressed concern over Monaco’s failure to incorporate torture in its Penal Code, in line with the Convention Against Torture, and delays in ratifying the OPCAT. Concerns were raised about executive influence over the judiciary, undermining judicial independence.

The Committee also addressed detention issues, including Monaco’s practice of transferring detainees to French prisons, raising questions about legal guarantees, consent, and oversight. It criticised the lack of prohibition on corporal punishment in all settings, the low age of criminal responsibility, and the treatment of minors in police custody.

The Committee also flagged the legal shortcomings depicted in reports of prolonged hospitalisation and compulsory treatment without consent. Additionally, the Committee raised concerns about human trafficking, particularly its absence as an autonomous offence in the Penal Code. Furthermore, it stressed the need for better training and awareness across multiple sectors and urged Monaco to strengthen support for migrants and asylum seekers.

The CAT’s recommendations are available here.

Follow-up Recommendations

The State party should provide information by the 2nd of May 2026 on the implementation of recommendations regarding:

• Definition and criminalisation of torture.

• Extraterritorial incarceration and monitoring of the conditions of transferred detainees.

• Information on measures taken to strengthen the mandate of the Office of the High Commissioner for Human Rights, Mediation and Monitoring of Places of Detention.

Watch here the video recordings (part one and part two), of the dialogue with the CAT.