There were no reports that the government or its agents committed arbitrary or unlawful killings.

There were no reports of politically motivated disappearances.

The constitution and law prohibit such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

No significant reports regarding prison or detention center conditions raised human rights concerns. Authorities usually sent noncitizens sentenced to long prison terms to France to serve their terms.

Physical Conditions: In 2013 the Council of Europe’s Committee for the Prevention of Torture (CPT) reported that persons detained in jail for longer than 24 hours lacked outdoor exercise space and that prisoners lacked access to sunlight for most of the day. Prisoners also had limited ability to receive and possess personal property.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers such as regularly scheduled visits by the CPT.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police are responsible for maintaining public order and the security of persons and property. The Palace Guard is responsible for the security of the prince, the royal family, and property. Both report to the Ministry of Interior.

Civilian authorities maintained effective control over the national police and the Palace Guards, and the government has effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Arrest warrants are required. A detainee must appear before an investigating magistrate within 24 hours of arrest to be informed of the charges against him and of his rights under the law, and authorities generally respected this requirement. Authorities released most detainees without bail, but the investigating magistrate may order detention on grounds that the suspect might flee or interfere with the investigation of the case. Monaco and France worked cooperatively to return any fugitive who fled from Monaco into France. Detainees generally had prompt access to a lawyer, and the government provided one to indigent defendants. The investigating magistrate may extend indefinitely the initial two-month detention period in additional two-month increments. The investigating magistrate customarily permitted family members to see detainees.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: At any point a detainee may challenge the nature of his detention and appeal for release. The law provides guidelines for proper compensation for a detention deemed unlawful.

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence.

TRIAL PROCEDURES

The law provides for the right to a fair trial, and an independent judiciary generally enforced this right. Defendants enjoy a presumption of innocence, are generally informed promptly and in detail of the charges against them, and have access to free interpretation if necessary. Except for cases involving minors, trials are conducted in public, usually before a judge or tribunal of judges. There were no undue delays. A single judge decides most cases, but, in cases where the potential punishment exceeds 10 years’ imprisonment, a panel of professional and lay judges hears the case. Defendants have the right to consult with an attorney in a timely manner. An attorney is provided at public expense, if needed, when defendants face serious criminal charges. Defendants and their counsel have adequate time and facilities to prepare a defense and access to government-held evidence relevant to their cases. Defendants have the right to be present at their trials, are able to question the testimony of prosecution witnesses against them, and present witnesses and evidence in their defense. They cannot be compelled to testify or confess guilt. Defendants have a right to appeal. The law extends these rights to all defendants.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The country has an independent and impartial judiciary in civil matters, and residents have access to a court to bring lawsuits seeking damages for, or cessation of, a human rights violation. Plaintiffs regularly used available administrative remedies to seek redress for alleged wrongs. Persons may appeal court decisions involving alleged violations of the European Convention on Human Rights to the European Court of Human Rights after they exhaust all avenues of appeal in national courts.

The constitution and law prohibit such actions, and there were no reports the government failed to respect these prohibitions.