On the contrary, architecture should support the imperatives of treatment and rehabilitation defined by the law. More worryingly, it has been ascertained that very often, even when building constraints are not as heavy, at the level of police custody rooms or areas, the architectural organisation has not been changed – or designed in the case of recent buildings – in order to protect the fundamental rights of persons who are deprived of liberty there. Yet, in a great many cases, the premises of confinement and the consequences of their design upon the organisation of the procedures that take place inside them infringe fundamental rights in themselves. This is the case with regard to the right to physical well-being, privacy and dignity. It is not the Contrôleur Général’s place to decide upon the ideal plan for prisons and mental health institutions. However, the observation of numerous places over the last five years and analysis of the effects produced by their architecture on their operation and, therefore, on the living conditions of the persons confined inside them, leads to specifying the conditions of establishment and design of institutions that enable the rights of rehabilitation and treatment to be exercised there and contribute thereto (II) as well as how the practical details of supervision and accommodation need to be organised in order to protect the fundamental rights to dignity, well-being and privacy (I). 1. Architecture, an Essential Factor of Respect for Fundamental Rights The treatments and procedures to which persons are subject in the course of deprivation of liberty need to guarantee respect for their fundamental rights. These procedures are conducted in places and premises which themselves not only need to be designed and organised in order to enable the exercise of these rights – right to the maintenance of family ties for example – but, above all, in order to avoid violating the well-being and dignity of persons, and constituting a risk to their safety, due to their design and operation. Respect for their privacy and the application of hygiene rules makes it necessary for certain practical conditions to be provided in suitable premises. Similarly, in order to guarantee respect for the rights pertaining to the procedure to which captives are subject, it is necessary for dedicated areas to be fitted-out enabling persons deprived of liberty to exercise these rights in practice. 1.1 Accommodation Premises that Protect Personal Well-Being Over the period of its implementation, imprisonment should not lead to physical or mental deterioration for captives greater than that resulting from the sole limitation of their right to come and go. Protection of personal well-being requires that places of imprisonment be both healthy and safe. This is, for all that, far from being the case, in particular due to material conditions of accommodation. 1.1.1 Individual Rooms and Cells 129