one of the means of carrying out a certain number of steps necessary in the preparation for release
- for prisoners - or departure - for foreigners held in detention centres or in waiting areas. This is
why, in this opinion, the CGLPL recommended a certain number of measures for facilitating access
to telephones for persons deprived of liberty, while respecting certain legitimate security constraints
and the rules of execution of the punishments.
As regards the prison population, recommendations were made to install
telephone sets in places that prevent access to the telephone being dependent
solely on detainees, which would lead to all sorts of pressure, and to set them
up such that the confidentiality of the conversations is maintained.
Recommendations were also made to remove certain procedural obstacles in the procedure
of designating the persons that can be contacted by telephone, of arranging call times, especially
for the benefit of persons from overseas territories, and of authorising international
communications pursuant to the same conditions as national communications.
It has also been indicated that the cost of the phone call, which results from the provisions
of the contract binding the administration and its service provider, is completely out of sync with
the very low rates offered outside prisons.
Finally, it highlighted that access to the telephone must be provided for spouses or partners,
both of whom are incarcerated, which is not the case today (e.g. by authorising a call to a telephone
booth located in a detention facility) and that the detainee should be allowed to contact his kin,
even when the detainee himself or the family member is hospitalised.
The rigid practices related to the access to telephones in detention can
legitimately be viewed as a significant cause for prisoners to resort to mobile
phones, which everyone knows are used in prisons despite being prohibited.
As regards detained foreigners or those in waiting areas, the CGLPL recommended that
the administrative detention facilities should be equipped with telephones for the detainees and
that the booths installed in administrative detention centres must guarantee the confidentiality of
the conversations. Recommendations were also made to review the frequent practice of
confiscating mobile phones from detainees if they contain an in-built camera.
The public service delegation, concluded with the company SAGI for the
management of telephones in detention, was renewed in June 2015 for three
years. According to the Keeper of the Seals, this was a “limited term” renewal,
which was meant to allow the government to prepare for the implementation
of a new telephone system that will be more accessible and more permanent.
The DAP has initiated a dual strategy, on the one hand aiming at defining new specifications
for telephony and multimedia services to be implemented in 2018, and on the other hand aiming
at experimenting, in the detention centre of Montmédy, from 2015, on the implementation of a
new service of telephones in cells, possibly extending to other multimedia services.
The guidelines of the future process and the call for projects should be ready in 2016. On
this occasion, the CGLPL reiterates all of its recommendations pertaining to the access to
telephones for detainees, and stresses that, in the current technological context, this access
cannot be separated from a more global access to services related to the information
society. It will ensure that the solutions adopted in the future will not include any restrictions other
than those imposed by legitimate security concerns.
In an visit report pertaining to an open prison, the CGLPL made the following
recommendation: “it should be made possible to keep mobile phones when returning to an open
prison. In fact, it is paradoxical to be forced to place phones in a locker on entering the open
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