Constitutional Provisions

The 2002 Constitution of the Principality of Monaco does not explicitly protect the right to life but provisions guarantee individual freedom and securityArt.19, 2002 Constitution of the Principality of Monaco.and it is stipulated that no one may be subjected to cruel, inhuman or degrading treatment.Art.20, 2002 Constitution of the Principality of Monaco.

Monegasques have the right under the Constitution "to assemble peacefully and without arms, in accordance with the laws that may regulate the exercise of this right without subjecting it to prior authorization. This freedom does not extend to open-air meetings, which remain subject to police laws."Art.29, 2002 Constitution of the Principality of Monaco..

The Minister of State who represents the Prince of Monaco "has the police force at his command".Art.44, 2002 Constitution of the Principality of Monaco.

Treaty Adherence

Global Treaties

Adherence to Selected Human Rights Treaties
1966 Covenant on Civil and Political Rights (ICCPR) State Party
ICCPR Optional Protocol 1 Not party
1984 Convention against Torture (CAT) State Party
Competence of CAT Committee to receive individual complaints Yes
CAT Optional Protocol 1 Not party
Adherence to International Criminal Law Treaties
1998 Rome Statute of the International Criminal Court Signatory

Regional Treaties

Adherence to Regional Human Rights Treaties
1950 European Convention on Human Rights State Party

National Legislation

Police Use of Force

Monaco's armed national police force is said to have the largest police force in the world on both a per-capita and per-area basis, with 515 police officers for 35,000 people over a territory of less than two square kilometres. It is reported that the Monaco police department, which is managed by a high-ranking member of the French police force,

is amongst the most modern and efficient in Europe. The rule imposed by the Prince Rainier is simple : "Monaco must have total security". As would follow, the orders given to the 519 police officers, who must go through a two-year intensive training program, are extremely strict: anything detrimental to the harmonious atmosphere in Monaco is forbidden....

The rules and regulations governing police use of force and firearms are not publicly available. 

Police Oversight

According to Monaco's 2018 National Report for the Universal Periodic Review under the Human Rights Council, the Public Prosecutor oversees the police, including the criminal investigation police. By virtue of Sovereign Order No. 765 of 13 November 2006 on the organization and functioning of the Police Department, as amended, there is also a General Inspectorate of Police, which is under the direct authority of the Minister of the Interior. The Inspectorate is tasked with conducting internal investigations aimed at ensuring respect for police ethics. Cases may be referred to the Inspectorate by the judicial authority, in accordance with the law and in particular the Code of Criminal Procedure, when Police Department officials or officers are involved.

Caselaw

Global

Views and Concluding Observations of United Nations Treaty Bodies

In its 2015 Concluding Observations on Monaco, the Human Rights Committee welcomed the adoption of Act No. 1.399 of 25 June 2013 on the reform of the Code of Criminal
Procedure with regard to police custody, and Sovereign Order No. 3.782 of 16 May 2012 on the organization of the prison and detention system, which guarantees respect for human
dignity.

Regional

There have been no judgments against Monaco for excessive use of police force in the European Court of Human Rights.

Downloads

2002 Constitution of the Principality of Monaco

Universal Periodic Review National Report (2018)

Human Rights Committee Concluding Observations on Monaco (2015)