is not possible to verify the alleged facts, but the recurring nature of the complaints should be
alarming enough.
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.
3. The situation in detention centres for undocumented
migrants is not improving at all
The visits conducted by the Contrôleur général in administrative detention centres (CRA) are
systematically second, or even third visits. With just a sole exception, caused by a change in the
management of a CRA, the visits did not find any improvement in the detention conditions.
The physical conditions of accommodation of detainees are unsatisfactory
in several cases, certain rooms require a complete renovation, others in
basements are cramped, cold and noisy; in other places, the treatment is
rudimentary and in one building, only the administrative rooms are airconditioned and the protection against mosquitoes is not suited to the local
conditions.
In a few cases, in buildings that are otherwise in a good condition, the treatment of the
detainees is close to that of imprisonment, where the detainee is only allowed outside rarely and
where the detainees leave the accommodation building only for common meals and administrative
formalities.
The information provided to detainees on the functioning of the CRA is often lacking:
there is no “welcome booklet”; the information issued by the OFII is not sufficient and several
internal rules of life do not appear in the internal regulations, while the rest is not always displayed
in a sufficient number of languages.
The administrative detention centres constitute the category of places of deprivation of
liberty in which the behaviour of the law enforcement officers is subject to the highest number
of criticism.
The criticism results from a lack of sufficient staff, which affects the respect of the rights
of the detainees: therefore, visits were cancelled on the grounds that there were not enough officers
to supervise the movement and the monitoring. However, most often, it is the professional
practices that are questioned, by mails addressed to the CGLPL, by testimonies collected on site,
especially by associations and sometimes by direct contact with the inspectors.
In a CRA where the practices of the staff were already reported to the authorities and were
subject to disciplinary proceedings, there was no reminder of the rules, for example on the
consumption of alcohol, ethics or the presence of policemen within the detention area. In another
place, there seems to be a certain routine that the prison administration department does not wish
to disturb, even when its instructions are not followed; the treatment is not subject to any specific
protocol and misconducts are often reported. In yet another place, the CGLPL received several
complaints concerning the abusive behaviour of certain policemen. On site, mechanical and
indifferent attitudes border on inhumanity, and an extreme lack of communication leaves several
detainees completely disoriented. In one CRA, police violence and abusive placements in detention
were reported. Physical violence has decreased, and one policeman was subject to criminal
proceedings on the demand of the CRA commandant, and was transferred.
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