This chapter concerns all of the recommendations published prior to 31 July 2015. They
have therefore been taken from the following documents, which are available on the website of the
Contrôleur général des lieux de privation de liberté:
-
the 2008 to 2014 annual reports;
-
the opinions and recommendations published in the volume entitled: "Collection of the
opinions and recommendations published by the CGLPL from 2008 to 2014";
-
the emergency recommendations dated 13 April 2015 concerning the Strasbourg remand
prison;
-
the opinion dated 11 June 2015 on the controlling of Islamist radicalisation in prisons;
-
the opinion dated 16 June 2015 concerning the treatment of prisoners in healthcare
institutions.
The developments in Appendix 4 to this report present, for the first time, exhaustive
supervision of the CGLPL's general recommendations, hence why it appears pertinent to provide
some methodological clarifications, firstly on how this initial work has been carried out and,
secondly, on the conditions in which these efforts are intended to be continued in the years to
come.
The set of recommendations analysed has been compiled over time and bears
on almost the whole of the Contrôleur général's remit. This is therefore a
sizeable volume in which it has been possible to examine a range of subjects
on various occasions, from several different angles, and about which the
doctrine of the institution has become ever more specific and clear as the years
have gone by. This is why, with a view to developing a core doctrine basis
which, over time, will bring to light both future changes in doctrine and the
phasing in of measures intended to address the Contrôleur général's
recommendations, it made sense to perform an exhaustive analysis of these
recommendations, in liaison with the authorities concerned.
To that end, on 11 April 2016 the CGLPL sent to each of the ministers concerned 11a table
giving an exhaustive rundown of the CGLPL's recommendations, including when these contained
repetitions or reported on a position that had evolved over time. As such, it was on the basis of a
complete set that the Ministers were asked to inform the CGLPL of the action taken subsequent
to these recommendations and, where applicable, the reasons why no action could be taken. The
ministers were particularly asked to draw a distinction between the recommendations upon which
the Government would not have the intention of acting and those for which action, although
preferable, could not be taken. The ministers were given three months in which to submit their
replies. The CGLPL also made it clear to the authorities concerned that it was willing to discuss
with them if they felt this to be necessary.
The Government departments seem to have had difficulty putting their reply together, when
the announcement that the recommendations would be monitored was made back at the start of
2015 in CGLPL's 2014 annual report and they had been given three months in which to do so. In
practice, exhaustive replies were only forthcoming for the recommendations bearing on juvenile
detention centres and detention centres for illegal immigrants, within more or less the allotted
timeframe. As for mental health institutions and the medical treatment of prisoners, replies were
not submitted overall by the Minister of Health and Social Affairs but only by the General
Directorate for Healthcare Services, which only replied on points coming within its own remit –
11
The Minister of Justice as regards prisons and juvenile detention centres, the Minister of Health and Social Affairs
concerning mental health institutions and the medical treatment of prisoners and the Minister of the Interior with respect to
detention centres for illegal immigrants.
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