6. The rights of people deprived of liberty for short periods
are not sufficiently protected due to the scattered nature
of the facilities in which they are placed, and due to the lack
of adequate oversights that they are subjected to
Alongside penal institutions, psychiatric institutions, administrative detention centres and juvenile
detention centres, for which the list is stable and understood, France also has several thousand
“small” places of deprivation of liberty. These places are scattered and dedicated to an activity
of which confinement is a consequence; perhaps necessary, but still an extra: their main purpose is
for conducting investigations, dispensing healthcare, awaiting a summons, or simply managing a
transfer to a more permanent structure.
Ever since its creation in 2008, the CGLPL has visited 220 custody facilities
of the national police, 109 custody facilities of the national gendarmerie, 77
court jails and 36 customs detention or custody facilities. The visits are
conducted without any prior notice and by two or three inspectors.
In 2015, the CGLPL made a double innovation in using the investigations conducted in
these facilities:
-
she replaced the individual sending of the visit reports to the ministers with a collective
periodic report, which allowed to draw transversal conclusions for each of the
categories of the facilities, in which the problems encountered are, in the end, more or
less homogeneous;
-
she sent these visit reports to the Minister under whose purview each of the facilities
concerned would fall, as well as to the Minister of Justice (i.e. the Keeper of the Seals),
since all of these facilities are placed under the supervision of the judicial authority,
which sometimes finds it difficult to exercise this prerogative.
The situation of these small facilities varies due to the different legal systems that are
applicable as well as the variety of texts used as their foundation, as well as due to the diversity of
their administrative attachment. Thus, it is not the same if a person is placed in custody in the
facilities of the police, the gendarmerie or the customs department. However, certain rights related
to confinement give rise to relatively similar questions: personalisation of security measures,
confidentiality of interviews with lawyers, access to healthcare, surveillance of the prosecution, etc.
6.1
The upkeep and hygiene of the rooms in which people deprived of
liberty are roomed are generally guaranteed, but the police and court
jail facilities are not up to the mark on these points
The lack of operating funds for the national police severely impacts the
custody conditions as well as the working conditions of the officers. A certain
number of observations can be drawn from this: dirty, dilapidated, poorly lit
or poorly heated rooms, unsatisfactory physical hygiene conditions, access to
showers often impossible, even if there are some, either because the detainees
are not offered any, or due to a lack of hygiene products or bathroom linen.
This situation is well known, but the means to remedy it have not been
mobilised.
36
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