Chapter 3
Actions taken in 2015 in response to opinions,
recommendations and cases taken up by the
Contrôleur général
As has been the case every year since the institution was created, the Contrôleur général of places
of deprivation of liberty ensures that its recommendations are effectively taken into account. In
this respect, he monitors, on the one hand, those sent to the Government formally in the
documents provided under Art. 10 of the Law dated 30 October 2007 - opinions,
recommendations and proposals for modifying legislative and regulatory provisions - or in the
annual report provided under Art. 11 of the same law; and on the other hand, he monitors those
that he formulates on each visited institution, in the form of new visits of the institutions.
In addition to the recommendations issued during 2015, shown in the previous chapter,
this chapter will evaluate the consequences of earlier ones, which underwent significant evolutions
or in which the absence of any evolution appears abnormal. Thus, the Contrôleur général decided
to evaluate:
-
the Opinion dated 10 January 2011 pertaining to the use of telephones by persons
deprived of liberty, due to the Government’s renunciation of authorising the use of
mobile phones in an open prison (centre de semi-liberté) and the renewal of the public
service delegation related to telephones in detention;
-
the Opinion dated 15 February 2011 pertaining to certain terms of hospitalisation
by court order, to recommendations related to mental health and the rights of
patients formulated in the annual report 2013 and to the recommendations dated
15 February 2011 pertaining to the psychiatric infirmary of the police headquarters,
due to the provisions of the law modernising our health system, adopted on its last
reading by the National Assembly and submitted to the Constitutional Council as
at the date of drafting of this report;
-
the Opinion dated 20 June 2011 pertaining to the access to computers for detainees,
due to the deliberate omission of this population in the bill for a digital Republic,
submitted before the National Assembly on 9 December 2015.
In this chapter, the Contrôleur général also focuses on the consequences of the referrals,
the progress made and the persisting difficulties.
1. The consequences of the Opinion dated 10 January 2011
pertaining to the use of telephones by persons deprived of
liberty
The possibility for a person deprived of liberty to use a telephone to contact their family and
administrative bodies is one of the provisions of the right to protection of privacy and family life
and the right to defence, both of which are recognised as fundamental rights. Telephone use is also
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