pronounced by the sentencing authority is equal to or less than three months”), are excluded from the procedure allowing foreigners to renew their residence permit via post, and are asked to present themselves to the prefecture on their release. Thus, these people cannot benefit from access to welfare rights (disabled adult allowance, personalised housing allowance, etc.) that they could have claimed, since they are no longer in a legal administrative situation. The CGLPL therefore called on the prison administration as well as the general directorate for aliens in France in order to collect their observations, pursuant to Article 6-1 of the amended Law dated 30 October 2007 instituting the Contrôleur général of places of deprivation of liberty. Considering that certain people can be placed in temporary detention for several years, the Contrôleur général wished to know the reasons for excluding remand prisoners from the provisions implemented by the circular. As regards the sentenced people, given that applications for renewing residence permits submitted less than two months before the expiry of the current permit are examined according to the procedure related to initial applications, it appears essential that the people, whether they are incarcerated for long or short sentences, should be allowed to comply with the periods granted to them to sort out their administrative situation. The Contrôleur général therefore wished to know the possible solutions to ensure that people subject to short imprisonment sentences are able to benefit from an equal treatment as regards access to welfare rights. On the day this report was drafted, the Contrôleur général had not yet received a reply. 6.2.2 Night rounds or disturbing the sleep of detainees The Contrôleur général was regularly informed on the frequency and terms of execution of the night rounds to which people placed under specific surveillance were subject. As regards determining the frequency of the rounds, the European Committee for the Prevention of Torture (CPT) has already pronounced, deeming that waking up detainees at night, which was reported to occur “every hour by [the] warders who switched on the lights in the cells”, is a measure that “risks having harmful consequences on the health of the detainees concerned”. As regards the people subject to a specific surveillance due to their suicidal tendencies, the Contrôleur général has already indicated, in his activity report 2010, that “the people subject to special surveillance at night (risk of suicide), i.e. rounds that include frequent checks through the peepholes, are forced, when the light is switched on, to show that they are still alive (e.g. lift a hand); this measure is so contrary to what is needed (the person remaining tranquil), that several warders spontaneously refrain from carrying out this duty, which naturally wakes up the sleeper frequently”. It was therefore recommended for the practices to be harmonised “in order to protect sleep, even at the cost of a less effective surveillance”. A notice of the DAP dated 31 July 2009 pertaining to the definition of the methods of specific surveillance of detainees recommends four rounds every night, with a gap of three hours between rounds. Nevertheless, a notice dated 29 April 2014 pertaining to the prevention and management of incidents states that the night service must include at least four rounds, with peephole checks, for people placed under specific surveillance, without any specification on the gaps between rounds. After this notice, certain directors set up rounds every two hours, violating the aforementioned notice dated 31 July 2009. 62

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