In both cases, the Contrôleur Général des Lieux de Privation de Liberté considered
that serious violation of fundamental rights justified his observations being
passed on immediately to the authorities concerned.
Moreover, the emergency procedure provided for under article 9 of the Act of 3rd
October 2007 enables the publication of the Contrôleur Général’s observations, once the responses,
which make it possible to ascertain whether the violations noted at the time of the inspection
have been brought to an end, have been received from the authorities.
2.1
Actions taken in response to the Emergency Recommendations
concerning Baumettes Prison in Marseille.
The recommendations stress the very dilapidated state of the institution and
conditions of detention that are clearly a violation of human dignity. The
latter are all the more shocking in that this situation of dilapidation (and of
the men’s remand prison in particular) has long been known and has been
denounced in particular by the European Committee for the Prevention of
Torture (CPT), which conducted two inspections of the prison (in 1991 and
1996).
The Contrôleur Général pointed out that the dilapidation of the institution is worsened, in
particular, by the lack of everyday maintenance of the buildings and the chronic inadequacy of
the funds allocated for such maintenance (the latter were even reduced in 2012 as compared with
2011). The material conditions of accommodation were not the only factor that led the Contrôleur
Général to publish emergency recommendations concerning Baumettes prison. Lack of activity
(only nine persons had the benefit of work in a workshop at the time of the inspection) and the
violence which reigns in the institution (in the exercise yards in particular) also contribute to
creating conditions conducive to manifest violations of fundamental rights. The various different
points are set out in detail in the text which appeared in the Journal Officiel on 6th December 2012.
In response to the Contrôleur Général’s emergency recommendations, the minister of
Justice announced a certain number of measures aimed at improving the situation of persons
deprived of liberty. Thus, “priority” work was detailed which needs to be undertaken in order to
remedy the highly dilapidated state of the institution, pending an overall redevelopment plan in
course which should be completed in 2017. In this respect, it needs to be emphasised that this
programme does not address the particularly worrying situation of the men’s remand prison,
since there are, to date, no plans for the construction of a new detention centre on the latter site.
In this regard, the response given to the recommendations is not satisfactory.
The Contrôleur Général des Lieux de Privation de Liberté therefore continues to
call for the reconstruction of the men’s remand prison within the
framework of the planned redevelopment.
In her response to the emergency recommendations, the minister of Justice listed the
urgent work planned by the prisons administration in response to the Contrôleur Général’s
recommendations. This involves the implementation of partition walls for privacy in 161 cells,
the withdrawal of the fire safety committee’s reserves (work concerning the electrical system) and
urgent protective repair work aimed at reinforcing the waterproofing of the roofs of the men’s
remand prison building.
In addition to the undertakings of the minister of Justice, a number of directives were
issued by the administrative judge following a summary application for an interim order based
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