Section 1
The Contrôle Général’s Political Analyses for 2013
The Act of 30th October 2007 establishing the Contrôle Général des Lieux de
Privation de Liberté (General Inspectorate of Places of Deprivation of Liberty)
provides that, on the strength of the information collected from the cases
submitted to him and the inspections conducted, the Contrôleur Général
makes recommendations to the responsible Ministers. All inspection reports
submitted to the authorities are accompanied with recommendations of this
kind without exception. Because of their importance, a certain number of
the latter are published in the Journal Officiel. All of them are the fruit of
analyses conducted with regard to existing conditions, drawn up according
to the yardstick of the fundamental rights of persons, it being incumbent
upon the institution to ensure respect for the latter.
These analyses are recalled below.
In the first place the content of the opinions and recommendations made public shall be
recalled, before returning to that of the inspection reports sent to ministers in 2013.
1. Opinions and Recommendations made Public
Between the second half of 2008 and 31st December 2013, thirty-two opinions and
recommendations were published in the Journal Officiel that is to say an average of almost six per
year in the course of the period. These texts necessarily have the character of policy documents,
since the other recommendations appear in the inspection reports.
In other terms, these thirty-two documents are far from setting out the whole of the
Contrôle Général’s analyses, but set out the aspects judged to be most important as far as
prisoners’ fundamental rights are concerned.
In 2013, four opinions and recommendations were made public by means of the Journal
Officiel, more than in 2012 (three) but less than in 2011 (eight). It should be understood that this
rate of publication is in no way systematic in nature, but rather dependent upon the information
collected and the inspections conducted.
1.1
Urgent Recommendation concerning Young Offenders’ Institutions
Article 9 (second paragraph) of the Act on the Contrôle Général provides for an emergency
procedure, when inspections (or cases referred) reveal “serious infringement of fundamental
rights”. In such scenarios, as an exception to the normal process of publication, the Contrôleur
Général:
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immediately informs the ministers concerned of his observations;
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gives them a period within which to respond, which in such cases can only be short;
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