CGLPL upholds its recommendation aimed at transposing the European Prison Rules on searches into French law. 7- Ensure the presence of warders in all areas of penal institutions. The Minister of Justice states that there is not and cannot be any areas off limits to warders; this a security requirement and principle. Surveillance of all areas is carried out according to the facility and the time of day by the physical presence of staff or by means of offset surveillance arrangements (technical device or human, such as surveillance of the exercise yard). The Minister clarifies that this subject will be addressed during the discussions and the drafting of the prisons construction white paper he has called for. From its visits, the CGLPL has found that the principles set out by the Minister of Justice are not applied. It therefore recommends that there be warders in all areas, including the exercise yards of prisons. 8- Remove the use of waiting cells on prisoners' arrival, and instead provide for waiting rooms that are sufficient in size for internal movements. The Minister of Justice points out that the organisation of movements in detention is complex, requiring a balance to be struck between the strong requirements for effectiveness, security and protection of prisoners. This implies the existence of waiting facilities which are maintained and used for consultations, interviews or access to visiting rooms for example. The architectural constraints of ageing institutions sometimes turn out to guarantee well-dimensioned facilities. Moreover, this is why this subject is being paid close attention to in new prisons in the application of ratios that architects usually use to determine the number of people expected per square metre. The CGLPL duly notes these guidelines as regards waiting rooms for internal movements, but upholds its recommendation aimed at removing the use of waiting cells on prisoners' arrival. 9- Improve the management of people in preventive detention and initiate a serious discussion on the justification of this deprivation of liberty. This was the focus of a new CGLPL opinion at the end of 2015. It now recommends repealing the provisions on preventive detention. 10- Respond immediately to requests from any person reporting risks for their safety. The Minister of Justice insists that protection of prisoners is a requirement of the public prison service mission. Responses bear not only on the implementation of measures coming under the responsibility of the prison administration (specifically speaking vigilance instructions, interviews, cell changes with care taken not to penalise the victim or the vulnerable person for example); but also on immediately bringing the identified risks or facts to the attention of the Public Prosecutor. The CGLPL duly notes this response, but recommends that strict instructions be given to institution directors and that requests on the part of prisoners reporting risks for their own safety be subject to special traceability. 11- Ensure rights are guaranteed as regards CCTV camera systems, by informing prisoners of their existence, limiting the retention period for images to what is strictly necessary and access to the recordings to a select number of officials, by recording such access, by protecting the privacy of persons in all public facilities and by avoiding, at all costs, the temptation to compensate for staff shortages by using CCTV cameras. Avoid all use of CCTV camera surveillance in accommodation, treatment and search premises. Make it a requirement to refer to the CNIL for opinion prior to setting up any video surveillance system. 165

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