Searches Reminder of the recommendations that have already been issued Penal institution Assessment of the practices Controlling violent radicalisation Penal institution 140 Controlling violent radicalisation Grouping “De-radicalisation” programmes Searches of detained transsexuals must occur in conditions that allow preserving their dignity and by officers of the same sex as the gender they identify themselves with, without waiting for a change in the civil status. When being taken to hospitals, the patients must not be subjected to a full-body search when their health condition is at risk of worsening and when this condition makes it highly improbable for them to transport forbidden objects. It would be preferable to establish a register indicating the results of searches (number of persons and methods) and to show it to any competent judge on request. The ministerial directives pertaining to the traceability of full-body searches conducted on detainees must be implemented immediately. When the full-body search of a person with reduced mobility is justified, it must be conducted in a closed room. The documents found in the cupboards during searches should be examined in the presence of the detainee and only by officers or warders specially appointed in writing by the head of the institution, and for the sole purpose of verifying that there are no hidden forbidden goods or substances; examining the documents themselves for the purpose of reading them must be banned. Children of incarcerated mothers may be searched only if there are serious suspicions that a rule may be violated, and the search must be strictly limited to the diaper of the child, by its own mother, in front of a third party, but must exclude any contact between the said third party and the child; this search must be subject to a written note, assigning the request of an officer or a warder; the mother must not be searched in the presence of her child. The CGLPL recommended to the Minister of Justice to carry out an evaluation of the ongoing practices in the penal institutions concerning searches, and to draft the directives necessary for a more homogeneous application of the Prisons Act. The grouping together of radicalised detainees in dedicated wings involves risks: cohabitation of detainees with varying levels of involvement in the radicalisation process, difficulties in identifying the targeted persons, ignorance of the methods of controlling the detainees concerned. The CGLPL stated that grouping together these people in dedicated wings does not come from any existing legal provision, and since this sui generis system does not fall under ordinary detention or solitary confinement, it is therefore not susceptible to any of the normal means of remedy. The absence of accurate information on the methods of supervision and the detention conditions in these new wings raises fears of this regime possibly sliding towards a de facto isolation of these people. While the so-called de-radicalisation programmes draw on the willingness of the persons concerned, a continuous evaluation of their execution is necessary. Already, it is necessary to ensure that the funds allocated to these programmes do not come at 1 1 1 1 1 1 1 1 1 1 1

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents