inter partes hearing within disciplinary committees. Neither does the circular contain any list of
authorities able to request the handing over of the recorded images (apart from the courts).
In the cases that he takes up and in inspections, the Contrôleur Général may need to obtain
the handing over of recorded images. The Act of 30th October 2007 provides that “the Contrôleur
Général des Lieux de Privation de Liberté shall obtain any information or document useful to the
performance of his duties from the authorities in charge of the place of deprivation of liberty”.
Without speaking of refusal to hand over evidence which might be
considered obstruction of the Contrôleur Général’s duties, the deletion of
images might constitute a clever and legal means of getting around the
obligation to hand them over.
4.7
Prohibition of Fuel Tablets in Prison
On 7th February 2012 the Contrôleur Général des Lieux de Privation de Liberté had taken up the issue
of the use of fuel tablets in prison, which is harmful to health and dangerous in safety terms, with
the prisons administration department. On 13th June 2013, the director of the prisons
administration department responded that fuel tablets would be withdrawn from sale in prison
shops as from 1st July 2013 in all institutions, including those under delegated management.
Although the Contrôleur Général is pleased with this decision, he regrets the absence of any
replacement solution enabling prisoners who buy foodstuffs in prison shops to cook or heat
them up. In the absence of reflection on this subject, the prisoners will inevitably find themselves
forced to use any means that they may find in order to heat up food, in disregard, once again, of
their health and safety.
5. Actions taken in response to the Initiatives undertaken by
the Contrôleur Général in order to Protect Prisoners
against Distribution of their Image without their Consent
Several different cases were referred to the Contrôleur Général by prisoners
concerned about what would happen to them after the broadcasting of
television programmes recounting the cases for which they had been sent to
prison in detail and giving details of their private and family lives. These
persons wanted to be informed of their rights with regard to these
programmes and to find out in particular whether they could oppose the use
of their image.
The Contrôleur Général passed these letters on to the French independent authority for the
protection of broadcasting freedom (Conseil supérieur de l’audiovisuel) and called the attention of its
President to the special vulnerability of prisoners due to the violence and pressures exercised in
prison after disclosures concerning the reasons for offenders’ imprisonment and their private
lives. A meeting on this was organised on 17th June 2012 at the French independent authority for
the protection of broadcasting freedom (CSA). The meeting brought together the Contrôleur
Général des Lieux de Privation de Liberté, the President of the CSA and two of its members then in
office (Messrs Rachid Arhab and Patrice Gélinet) and representatives of France Télévisions and
of the company producing the programme “Faites entrer l’accusé” [“Bring in the Accused”]
broadcast on France 2. Following this meeting, the French independent authority for the
protection of broadcasting freedom decided to recall the regulations concerning respect for the
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