Foreword
At the end of an interview given at close of his term of office, Jean-Marie Delarue mentioned the
situation of a prisoner, Claude, who was sent to the punishment wing on 23rd December, where
he committed suicide on the 24th: “The visit by the inspector of prisons having manifestly been
used to inflict a punishment that was out of all proportion upon a man who must have caused
annoyance. A disciplinary investigation is underway. As far as I am concerned, this case is not
and shall never be finished” 1. This affair moved me deeply. It confirmed the importance of the
responsibility entrusted to me, as the new Contrôleure générale des lieux de privation de liberté, it
henceforth being incumbent upon me to ensure that this case is followed up in the necessary
manner, and not forgotten and allowed to sink into obscurity.
In application of article 13, paragraph 5 of the Constitution 2, my candidature for
appointment as the new Contrôleure générale des lieux de privation de liberté was put forward by the
President of the French Republic and submitted to the Presidents of the French National
Assembly and Senate. After favourable votes from the respective Law Commissions of the
National Assembly and Senate, the French President decided upon my appointment to the
position of Contrôleur général des lieux de privation de liberté at the Cabinet meeting of 16th July 2014,
on a proposal from the Minister of Justice (garde des sceaux).
Before my appointment, this procedure thus led me to set out the lines of policy that I
intended to defend before the Law Commissions of the National Assembly and the Senate.
The Law Commission of the National Assembly organised a questionnaire, at the
initiative of its president, which was made public prior to this hearing; an essential procedure for
openness that corresponds to one of the major lines of policy pursued during my predecessor’s
term of office. It appears in an annexe to this report.
In this foreword, I wish to emphasise at the outset the tremendous work accomplished by
Jean-Marie Delarue. Furthermore, at the time of taking up my duties, I am moved in the first
place by a deep feeling of respect.
As an introduction to this annual report, it is incumbent upon me to give an assessment
of the year 2014, a large part of which was completed under Jean-Marie Delarue’s authority.
The work that has been undertaken since the latter’s appointment in 2008 is considerable.
Thanks to Jean-Marie Delarue, an institution of a new kind has taken its place in our country’s
institutional landscape. This institution, which belongs to the category of independent
government agencies with specific regulatory powers, has progressively brought issues into public
debate that were hitherto circumscribed to a limited number of circles, concerning those
subjected to deprivation of liberty, as well as professionals and activists. Jean-Marie Delarue thus
succeeded in giving real meaning to the independence essential to the Contrôleur Général’s action,
by setting the expected level of fundamental requirements.
1
Libération, 6th June 2014: “L’humanité mise aux arrêts”
“An Institutional Act shall determine the posts or positions, other than those mentioned in the third paragraph,
concerning which, on account of their importance in the guarantee of the rights and freedoms or the economic and
social life of the Nation, the power of appointment of the President of the Republic shall be exercised after public
consultation with the relevant standing committee in each assembly. The President of the Republic may not make an
appointment when the sum of the negative votes in each committee represents at least three fifths of the votes cast by
the two committees. Statutes shall determine the relevant standing committees according to the posts or positions
concerned.”
2
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