prison; although every person is free to use them for a part of the day outside the centre, they are
not allowed to use them in the evening, when it is more convenient to contact family members
after they have finished their day of work, and moreover, there isn’t even a telephone booth
installed inside the building that permits this. Moreover, this open prison does not adjoin any other
penal institution that may possibly raise concerns of mobile phones being provided to detainees”.
In reply, the Minister of Justice indicated that “from 1 January 2015, persons detained in
open prisons have been allowed to keep their mobile phones on returning to the prison”. She even
specified that she planned “to allow detainees held under the day-parole regime to keep their mobile
phones, under the express condition, in the case of a wing integrated in a penal institution, that
there is a strict separation between the living area dedicated to day-parole and the rest of the
institution.”
However, there seems to have been no results from this intention, since the
project was abandoned for no apparent reason in February 2015. The context
of the fight against terrorism cannot explain such a renunciation, since there
is no apparent link between this policy and the situation of people in the
process of reintegration, placed under a day-parole regime, who are free to
contact anyone throughout the day.
The CGLPL can only regret that the intentions of the Government did not
lead to any results.
2. The consequences of the Opinion dated 15 February 2011
pertaining to certain terms of hospitalisation by court order
and to the recommendations related to mental health and
the rights of patients formulated in the 2013 annual report
This set of recommendations, the first of which were formulated before the
laws dated 5 July 2011 and 27 September 2013, tend to favour a delicate
balance between the rights of persons deprived of liberty, the requirements
of public order, the need for healthcare and the consideration of the fragile
nature of the persons concerned. The need to provide healthcare cannot
eclipse the deprivation of liberty, which must come with all of the necessary
guarantees, especially as the person concerned is not necessarily capable of
easily exercising his rights.
The CGLPL recommended that the authorities in charge of granting preliminary discharges
or the measures of ending hospitalisation by court order must take into account that between the
start of the measure and the day of discharge, there had been a veritable healthcare process that
has borne fruit. The CGLPL observed that the administrative officers were reluctant to agree to
these measures, thereby resulting in an increase in the number of hospitalised patients and in the
duration of their stay.
With the manner in which they were carried out, these two practices became an obstacle to
preliminary discharges that were justified by the patients’ condition, and moreover allowed patients
to be kept in hospital, even though the doctors attested that their conditions did not justify holding
them against their wills. They could, in certain cases, lead to a shortage of hospital beds and possibly
block the hospitalisation of persons who, on the contrary, are truly in need of it.
53
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