Indeed, the other selected criterion of “comfort” is that of the presence of intercom
devices in the cells. The reluctance of staff to willingly accept such facilities has already been
emphasised in the Report of the Contrôle Général for 201231. It therefore unsurprising that none of
the police stations inspected possessed any cells equipped with intercom devices. In five police
stations out of fifteen (often the most recent), the existence of call buttons in the cells was noted,
use of which results in the switching on of a signal light on an indicator board in the guard room.
c/ The third criterion taken into account is that of hygiene, which, it certainly has to
be said, is rarely a source of great satisfaction in police custody facilities. To this end, cell hygiene
and personal hygiene are considered separately.
As far as the premises broadly speaking are concerned, two factors are considered.
The first of these concerns the cleanliness of cells. Since assessments in this regard may
be marked by subjectivity (according to the inspectors), the inspections of police stations aimed
to determine whether the most frequently occupied cells were least often cleaned, due to the man
or woman entrusted with cleaning being unable to enter them. In other words, does the
organisation of police custody premises provide for moving persons in police custody in order to
enable cleaning of the cell? Or again, is the cleaning of cells all the rarer insofar as they are more
frequently occupied? The affirmative answers in the table above thus indicate that occupants are
not vacated from cells and that the latter are therefore rarely cleaned and are accordingly dirty or
even repulsive.
Out of the fifteen police stations in the sample, twelve present a situation of
this kind. Because they are occupied, the cells are not cleaned.
Depending on the establishment, they may therefore be rarely or never cleaned, while of
course nobody thinks about setting up a cleaning schedule. Moreover, taking into account the
additional constraints imposed in police custody (possible absence of toilets, lack of availability of
officers) and the provocations in which certain malcontents may engage, it is easy to foresee (and
smell) the state of certain premises. This state of affairs is principally attributable to a given mode
of organisation of the service, rather than being a “state of nature” of offenders…
The second item concerns clean blankets.
A great many police custody facilities are cold at night and, in order to have
any hope of resting (rest is, need it be recalled, provided for under the Code
of Criminal Procedure, article 64, paragraph 2), protection against the
temperature is needed. This is the reason for blankets.
Indeed, this area provides a clear demonstration of the issue of margins of truth described
in the first section. A practical fact as simple as determining whether blankets are placed at the
disposal of persons in police custody and whether they are clean when granted is, in the reality of
inspections, very difficult to establish.
Most police stations possess blankets. Absence thereof only occurs in exceptional
circumstances: due to the local climate (Pointe-à-Pitre) or to an interruption of supply which has
not been resolved (Metz). However, this does not for all that mean that covers are given. In
accordance with one of the constituent unspoken laws of the French administration, which is
very deeply entrenched in practice, a great many officials consider that in the absence of request
on the part of the persons concerned (in this case persons in police custody), there is no reason
for them to spontaneously offer anything whatsoever. This attitude, which is moreover well
adapted to the very real burden of the tasks to be performed, assumes two elements which are far
from being certain: on the one hand, that persons in police custody know that they can ask for
31
Published by Dalloz, pp. 43-44.
38
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