On a final note, the busiest and most overwhelmed services paradoxically seem to be subject
to the least amount of scrutiny – both on the part of supervisors and the judicial authority. Registers
are generally poorly kept and supervisors and the judicial authority alike seldom sign off on
procedures. It is not until an incident actually occurs that a series of inspections are carried out,
which then lead to effective corrective measures. The CGLPL observed one such situation in a
police service where an incident arising in 2014 had given rise to a series of effective measures and
interventions.
The CGLPL therefore believes that special attention must be paid to the working conditions
and equipment in the busiest police services – notably in the Parisian region. This calls for stringent
supervisory and judicial oversight and subsequent action following any recommendations.
The CGLPL recommends stringent supervisory and judicial oversight in the most inundated
police services and monitoring of action taken following recommendations made during these
inspections.
6.2
With no clear instructions, practices are disparate which can violate the
fundamental rights of people deprived of liberty.
6.2.1
There is not always a clear distinction between the situation of foreigners held
for their right of residence to be checked and that of people placed in custody.
In several gendarme or police stations, the inspectors found there to be a certain confusion between
the people brought into custody and foreigners held for their right of residence to be checked. This
is particularly conveyed through the use of restraint means, confiscation of personal belongings mobile phones in particular – and the absence of any specific register.
In a few rare cases, it was indicated that foreigners held for such reasons were "in custody
just like the others". Usually it was not that the officers did not know these foreigners were in a
different situation to people placed in custody, but that they dealt with them in the same way
because they had not been given any specific instructions. At the inspectors' requests, they made
do with explaining that they are aware the foreigners held have specific rights – not least regarding
access to a telephone – and that they would of course return the mobile phones "if requested", but
it seems that this simply never happens in reality.
Best endeavours must be used to ensure that gendarmes and police officers responsible for
foreigners held for their right of residence to be checked are aware of and apply the measures
tailored to the situation of this category of people deprived of liberty.
6.2.2
Security measures continue to be applied without proper judgement, despite
repeated requests from the CGLPL.
Once again, the CGLPL's visits found that practices related to handcuffing, confiscation of personal
belongings, spectacles and bras and handing out of documents notifying the measure and rights are
not only disparate but above all disrespectful of the rights of people placed in custody.
It is simply not acceptable that the recommendations that the CGLPL has made repeatedly
since it was first set up are not always followed up. Let us recall here:
-
handcuffing must not be systematic, but practised according to the risks arising out of
the way the person concerned is behaving;
-
a handcuffed person must be kept away from the public eye;
34
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