Lastly, the Prison Administration Department indicates that, aware of the improvements
that are necessary concerning all of the subjects raised in the CGLPL's opinion, it has begun to
recast the circular of 16 August 1999 on the conditions for accommodating children allowed to stay
with their imprisoned mother, which will most likely call for a revision of the mapping of "nursery"
places and perhaps even amendments to the regulatory provisions of the Criminal Procedure Code.
The CGLPL duly notes the intentions to amend the regulations on the conditions for
accommodating children allowed to stay with their imprisoned mother. It also notes that the
planned facilities in new institutions will comply with its recommendations. It will see that
these intentions are effective and, despite the physical difficulties this poses, recommends that
the "nursery" wings of existing institutions be brought into line with the recommendations
expressed in the opinion of 8 August 2013.
2.6
Opinion of 16 June 2015 concerning the treatment of prisoners in
healthcare institutions
In this opinion, the Contrôleur général des lieux de privation de liberté criticised:
-
excessive numbers of external movements for medical reasons;
-
insufficient development of telemedicine;
-
inappropriate procedure for carrying out external movements for medical reasons
because of the widespread and sometimes excessive use of restraint measures;
-
situations where medical confidentiality was not respected, particularly because of the
presence of medical staff during consultations and treatments – including those bearing
on gynaecology;
-
patients are not ensured a sufficient quality of reception in the organisation of health
care;
-
the location and fitting out of secure rooms are at odds with the care approach;
-
the hospitalisation conditions in secure rooms restrict fundamental rights more than the
detention conditions themselves do.
The Minister of Justice and Minister of Social Affairs, Health and Women's Rights
submitted responses to this opinion.
The former had particularly pointed to the existence of 2011 prison administration
instructions which indicated that the escort level and determination of security measures during an
external movement should be tailored to the behaviour of the prisoners, and that a reminder of
these instructions would be given. The Minister had recalled that the Act of 15 August 2014 on
sentencing according to individual offender requirements and improving the effectiveness of
criminal sanctions had supplemented the sentence suspension policy for medical reasons and made
it more flexible. He had announced plans for joint efforts with the Ministry of Health aimed at
adapting the specifications governing secure rooms. Moreover, he mentioned a joint mission
between the General Inspectorate of Social Affairs and General Inspectorate of Legal Services to
perform a general assessment of the 2010-2014 strategic action plan for the health of prisoners.
The Minister of Social Affairs, Health and Women's Rights had highlighted the local
cooperation between the regional health agencies and Interregional Directorates for Prison
Services. She had clarified that increasing the presence of consultants within health blocks was
complicated given the existing recruitment difficulties, but she was planning for services in the form
of "missions" within prisons as well as the development of telemedicine. The Minister had hoped
to see prison and medical teams being mutually informed about the security measures adopted,
prior to external movements of prisoners. She had mentioned the telemedicine trials conducted in
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