As regards the terms of execution of the rounds, the testimonies received describe that the
staff conducting these rounds force the detainees to wake up and make a gesture to show that they
are alive: to do this, certain staff members use methods such as switching on the ceiling light of the
cell and/or knocking on the door of the cell.
However, during the visits of the penal institutions, the inspectors observed the
implementation of alternative solutions: the installation of night-lights in cells allowing a visual
visit, or the staff wearing sneakers during their night rounds to lessen the sound of their steps. The
Contrôleur général deemed that these were good practices, insofar as they comply with the security
considerations and special attention is paid to respecting the sleep of the detainees. On the contrary,
she believes that switching on a bright light and knocking on the doors of the cells must be
forbidden, except in atypical situations, pursuant to the recommendations issued by the CPT “of
reviewing the terms of night surveillance of specially indicated detainees, in all penal institutions”,
specifying that “the lights in the cells must not be switched on at night except in cases of proven
necessity”.
The Contrôleur général deems that waking detainees up several times at night,
for long periods sometimes, is likely to violate their rights to physical integrity
and dignity, and will constitute inhumane and degrading treatment, all the
more so as other measures (checking of the bars, allocation of cells close to
the guard posts, etc.) are already implemented simultaneously, to ensure the
security of the institution and prevent jailbreaks. Also, in light of the balance
that must be maintained between the dignity of the persons (in this case,
allowing them to sleep undisturbed) and their security, the Contrôleur général
wished to know the observations of the director of the prison administration
on these different points, and obtain specifications regarding the combined
application of the notices dated 31 July 2009 and 29 April 2014, and to know
her opinion on the manner in which the rounds should be executed.
On the day this report was drafted, the Contrôleur général had not yet received a reply.
6.2.3
Persons lacking sufficient resources in detention
Having been informed multiple times on the subject of the treatment of persons lacking sufficient
financial resources in penal institutions, the Contrôleur général contacted the director of the prison
administration in order to describe to her a few of the difficulties that were submitted to her, to
ask for specifications regarding the circular dated 17 May 2013 pertaining to the efforts against
poverty in detention and to describe several recommendations on this subject.
The different penal institutions do not uniformly apply the provisions of the
circular related to granting benefits in kind: providing the essentials of
correspondence to people who lack sufficient financial resources. The
observed best practices must be made formal via an official text and must be
extended to all prisons: free and automatic provision of a refrigerator and hot
plate, regular and free access to the services of a barber or obtaining identity
photographs for free.
As regards maintaining family bonds, people lacking sufficient financial resources must be
able to benefit from aid, in kind, that allows them to use a telephone for free, even if a portion of
the cash aid of 20 euros can cover these costs.
As regards access to televisions, in certain institutions, the cost of renting television sets is
automatically debited, every month, for everyone, and the sum is then re-credited to the account
of people who are recognised by the CPU to lack sufficient resources. The automatic nature of the
63
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents