Place concerned
Topic
Specific issue
Supervision of the CGLPL's general
recommendations
Use of video conferencing
All places of
deprivation of
liberty
Equal treatment
Treatment of
women
Searches
Access to psychiatric
healthcare
Building of new
institutions
Penal
institutions
Penal
Prison
overcrowding
Prison
overcrowding
Alternatives to
incarceration
Prison regulation
Recommendation
The CGLPL recommends setting up, within each ministry concerned, official
supervision of the action taken subsequent to its recommendations, including those
expressed in the institution's annual reports, clearly identifying the recommendations
upon which the Government does not intend to act.
Given the observed extended use of video conferencing, the CGLPL draws attention
to its previous recommendations, according to which the use of such means may only
be voluntary, subject to a decision that is always reversible by the judge with the final
say and subject to the consent of the person concerned. It particularly points out that
the use of video conferencing may not alter the public or confidential nature of
hearings or affect lawyer-client privilege.
Under no circumstances must imprisonment constitute an obstacle to application of
the gender equality principle proclaimed in the preamble of the 1946 Constitution.
Women and men must be treated equally inside places of deprivation of liberty, a
requirement which must not, for all that, prevent certain needs specific to women from
being taken into account.
The CGLPL stresses, for all places of deprivation of liberty, that respect for human
dignity prevents any possibility of conducting a search of women's sanitary towels.
Women also find it difficult to access specialist structures equipped for their needs
(access to psychiatric care in particular) and specific situations (restricted access to the
day-parole regime). As such, to ensure that men and women have equal access to
psychiatric care, regional mental health departments for prisons (SMPR) and units for
difficult psychiatric patients (UMDs) must all be able to accommodate women. The
same applies for wings/centres for adjusted sentences and open wings/prisons, the
moment there is a strict framework governing the way in which prisoners are
accommodated and treated.
Concerning the problem of overcrowding, and its consequences in terms of individual
cell allocation, the CGLPL is of the opinion that developing real estate projects alone
cannot represent an effective solution.
Establish a more dynamic policy bearing on sentence adjustments and alternatives to
prison, so as to help reverse the trend of prison overcrowding and encourage
rehabilitation – a key factor in preventing recidivism.
Conduct a systematic policy aimed at looking for accommodation options tailored to
people handed out very short prison sentences and prisoners whose advanced age or
failing health is incompatible with being kept in detention.
Incorporate into the legal system a prison regulation mechanism, enabling account to
be taken of prisons' occupancy capacities in legal decisions.
153
Chapter
3
3
2
2
2
1
1
1
1
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents