-
Michel Wieviorka, sociologist, Research Director at the School for Advanced Studies
in the Social Sciences (EHESS); Chairman of the Board of the Fondation de la maison
des sciences de l’homme (FMSH);
-
Daniel Zagury, psychiatrist, court expert, department head at the Bois-de-Bondy
psychiatric centre.
The committee held its first meeting on the basis of the opinion that the CGLPL issued on
5 November 2015 on preventive detention. This was an opportunity for the committee members
and CGLPL team to discuss the notion of dangerousness.
3. Cases referred
Article 6 of the Act of 30 October 2007 amended instituting the Chief Inspector of places of
deprivation of liberty provides that "any natural person, as well as any legal entity with the task of ensuring
respect of fundamental rights, can bring to the attention of the Chief inspector of places of deprivati on facts or
situations that are likely to come within its remit. "
Article 6-1 of said Act provides that when natural or legal persons bring facts or situations
to the attention of the CGLPL, which they consider to constitute an infringement or risk of
infringement of the fundamental rights of persons deprived of liberty, the CGLPL may conduct
verifications, on-site if necessary.
The inspectors in charge of the referrals, delegated by the Chief Inspector for conducting
on-site verifications, benefit from the same prerogatives as at the time of inspections: confidential
interviews, access to any useful document necessary for properly understanding the situation
brought to the knowledge of the CGLPL and access to all of the facilities.
When these inspections have been completed and after having received the observations of
the competent authorities with respect to the denounced situation, the Chief inspector may make
recommendations pertaining to the facts or situations to the person responsible for the place of
deprivation of liberty concerned. These observations and recommendations may be made public.
The resources of the centre in charge of referred cases were bolstered in 2015 with the
arrival of two inspectors, with a twofold aim in mind: to reduce the response time of referrals
addressed to the Chief inspector of places of deprivation of liberty and to execute more on -site
verifications.
The time taken to respond to referrals fell significantly in 2016. Reducing these times was
one of the Chief Inspector's objectives. Accordingly, the average response time in 2016 was 52 days
(i.e. 1.7 months), whereas it was 68 days (i.e. 2.2 months) in 2015. Efforts under way to meet this
objective will be maintained in 2017. In addition, seven verifications were conducted on-site during
2016.
The significant increase in 2016 in case referrals concerning health facilities
should be highlighted; such referrals now account for some 10% of all letters
sent to the Chief Inspector. This increase is particularly the result of numerous
reports received following the publication of recommendations concerning the
Ain psychotherapy centre in Bourg-en-Bresse in the Journal officiel of 16 March
2016, on urgent grounds, as well as the publication of the CGLPL's first
thematic report entitled "Solitary confinement and restraint in mental health
institutions".
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