of 24 November 2009) and the testimonies of detainees on the opening and lack of sending of
their correspondence constituted a violation of the principle of liberty and of the confidentiality of
the correspondence. Finally, several concurring testimonies described behaviours contrary to the
code of ethics among the warders, as well as concerns regarding possible reprisals, with the prison
administration department being unable to make a strong statement against such behaviours.
The Keeper of the Seals, i.e. the Minister of Justice, sent her observations by post on 27
April 2015. As regards the absence of effective measures taken by the prison staff to preserve the
physical integrity of a detainee after he was subjected to violence from his fellow prisoner, the
Minister indicated that the Prosecutor was immediately informed of these facts, concerning which
a preliminary investigation is underway, that the victim was placed in a cell with a supportive
cellmate and that the alleged instigator was placed in solitary confinement. She contested the
emergency nature of the request for changing cells that was made the day before by the detainee
who was the victim of the violence, which was relayed by the psychiatrist of the SMPR, who did
not use the reporting method required by Article L. 6141-4 of the Public Health Code in the case
of a serious risk to the safety of persons within a penal institution.
As regards the physical detention conditions, the Minister disputed the observations made;
a bailiff was therefore called on 16 April 2015. She stated that the water sources and washrooms
were renovated on 23 April (i.e. after the visit) in both yards, that a cleaning schedule of the exercise
yard was set up, that a plan for renovating the showers is underway and that each of them will have
separating walls. The works for connecting the institution to the urban heating network were
executed; in addition, it was specified that the low temperatures in the cells was mainly due to the
detainees blocking the air vents. The Minister specified that all of the the cells have been provided
with hot water ever since the institution opened, but that the hot water production installations
were calibrated for a theoretical number of places, which has been largely exceeded due to
overcrowding in the institution.
As regards the presence of CCTV cameras in the rooms used for medical activities, the
Minister stated that their installation was approved by the SMPR manager and the management of
the associated hospital. She specified that the images are not sent to a monitoring station, but to a
computer in the crisis room that can be only accessed by members of the administration
department, and that the images are not used unless a serious incident occurs that endangers the
safety of the healthcare staff and requires the triggering of the “crisis” cell.
The Minister disputed the violation of the protected correspondence, stating that only one
letter addressed to the CGLPL had been opened. Finally, she denied any failure of the
administration department in supervising the staff of the remand prison and highlighted the lack
of proof concerning the violation of the code of ethics observed by the surveillance staff.
The Contrôleur général upheld the statements that were made and deemed
that they constituted serious violations of the fundamental rights of the
detainees in this institution. Moreover, she stated that the prison
administration department believed it necessary to establish a bailiff’s report
contradicting the statements of the inspectors. This was the first time that
such a practice was observed ever since the creation of the CGLPL. The
Contrôleur général therefore swiftly invited the Minister of Justice to give any
useful instructions so that similar behaviour would not occur again.
In a reply dated 6 May 2015, the Minister of Social Affairs, Health and Women’s Rights
stated that the CCTV cameras had been installed by the prison administration, without receiving
an approval from the Regional Mental Health Department for Prisons (SMPR). She confirmed that
three nursing staff members had lost their authorisations after they blocked the CCTV cameras
using fabric that bore the words “medical privilege”. Finally, she specified that on the day of the
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