Of course, only a follow-up inspection can enable the Contrôle Général to measure the
actual extent of the changes made.
Finally, in the fourth place, the inspections lead to few short-term solutions when
relations in the prison appear to be difficult, not only between the staff and the prisoners, but
within the staff. The approach to management of heads of institutions, long-accepted local
traditions and low levels of presence of managerial staff in prison, have serious consequences
which the Contrôle Général can only deplore and mention, without being able to prompt the
implementation of measures which, for the most part, come within the field of local (the
presence of particular individuals) and national human resources management (the conception of
the role allocated to each person). Although these changes are difficult to obtain from the
administration, they are even more difficult to obtain form private persons, in the case of
administrators of penal institutions and associations in charge of young offenders’ institutions.
These difficulties obviously do not constitute an obstacle to the Contrôle Général’s practice
of reporting behaviours far removed from professional ethics to local managers and, in case of
suspicion of criminal offences, of implementation of article 40 of the Code of Criminal
Procedure. This also constitutes one of the consequences of inspections conducted by the
Contrôle General. Use thereof was once again made in 2013.
Section 3
Why Do You Come So Late?91
(Twenty measures expected from the authorities)
It is well understood that, pursuant to the Act by which it is governed, the Contrôle Général
only issues recommendations. It has always accepted this situation, better, it has to be said, than
the persons deprived of liberty who write to it. Accordingly, it cannot hold it against the
authorities when the latter do not necessarily follow its opinions: some reasons are foreign to
politics while others are not.
It goes without saying: political decision-making is indeed, slow, though sometimes
precipitate. “Tremble when you legislate” advised the dean Carbonnier. By which he meant:
“avoid excess of normative texts”. One might not assert that his advice has been entirely
followed on this point. But, in any case, the process of overcoming trembling requires time.
Admittedly, it may be shortened by repetition but, between the moment of awareness and that of
translation thereof into legislative provisions, the need for dialogue, negotiations, writing,
mediation and debate always has to be acknowledged.
It goes without saying, the State is short of money. Everyone has to adapt to the shortage
of funds, in particular in departments that recent history (over the last thirty years) has for all that
little accustomed to abundance, that is to say an easy financial situation. Such adaptation often
comes down to limited imagination. One simply renounces any new measures that require outlay.
The choice of making cuts in existing expenditure is, of course, much more sensitive. Appeals of
principle concerning cost reduction are legion: specific plans for hacking up expenditure are
91
This film directed by Henri Decoin, with Michèle Morgan in the leading role as Catherine Ferrer, dialogues by
Michel Audiard and music by Charles Aznavour, was released in 1959. Admittedly, its scenario, concerning a love
story set against the background of defamation proceedings, does not bear any direct relation to the matter here
examined. However, there remains the question, which for its part is entirely appropriate.
80
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