Chapter 3
Actions taken in 2016 in response to general
inspection reports, recommendations and
opinions
1. Supervision of the CGLPL's general recommendations
1.1
Methodological clarifications
Ever since it was first set up back in 2008, the Contrôleur général des lieux de privation de liberté
has published a whole raft of general recommendations that sum up the conclusions it has drawn
from the 150 or so visits conducted every year in places where people are deprived of liberty on
the grounds of an administrative or judicial decision.
What these recommendations all have in common is that, rather than being
associated with an identified institution, they more often have to do with the
category of this institution. They have been expressed through all of the
documents that the Contrôleur général des lieux de privation de liberté has
published pursuant to its founding Act of 30 October 2007. These documents
come under the following categories:
- annual reports submitted to the President of the Republic and Parliament and
published pursuant to Article 11 of the Act;
- opinions and recommendations that the Contrôleur général sends to the
public authorities and amendments to the applicable legislation and regulations
which it proposes and publishes pursuant to Article 10 of the Act;
- observations that the Contrôleur général communicates to the competent
authorities when it finds evidence of a serious violation of the fundamental
rights of a person deprived of liberty, which it publishes if it considers this
necessary pursuant to Article 9 of the Act and which can, in some cases,
contain general recommendations.
In addition, regarding small facilities where people deprived of liberty are placed for shorter
periods of time, the analysis of the CGLPL's general recommendations was performed on the basis
of the position papers, submitted in 2015 to the ministers concerned 9, and replies received by the
CGLPL to said submission 10.
9
Letters dated 29 September 2015 to the Minister of the Interior and Minister of Justice with regard to the custody facilities
of the national police and national gendarmerie; letters bearing the same date to the Minister of Finance and Public Accounts
and the Minister of Justice as regards the custody and detention facilities of the Central Administration for Customs and
Excise; letter dated 8 December 2015 to the Minister of Justice with regard to court cells and jails.
10
Reply from the Minister of the Interior dated 8 December 2015 on the custody facilities of the national police; reply dated
8 February 2016; from the Minister of Finance and Public Accounts and Minister of State for the budget; reply from the
Minister of Justice dated 29 July 2016 as regards places of deprivation of liberty under the national police, national
gendarmerie and customs authorities; reply from the Minister of the Interior dated 27 October 2016 concerning custody
facilities of the national gendarmerie.
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