aspects have already been brought to light, through the inspection of fifteen health institutions in
the course of the year 2014.
Police Custody, has also undergone far-reaching reforms in recent years, in the first
place as a result of the Act of 14th April 2011 and, more recently, the Act of 27th May 2014 4. It is
generally acknowledged that this reform of police custody is the result of the combined impetus
arising from the legislation of the European Convention for the Protection of Human Rights and
the broadening of control by the Constitutional Council of France by means of preliminary
rulings on questions of constitutionality.
Police custody facilities still too often fail to meet minimal conditions for the dignity of
persons, as well as for the officials and gendarmes who work in them. We need to extend our
controls in this area. Since the implementation of the Act of 27th May 2014, 41 police custody
facilities have been inspected, in particular in order to examine the conditions of application of
the right to information in criminal proceedings, as results from the transposition of Directive
2012/13/EU of the European Parliament and of the Council of 22nd May 2012.
The situation of minors in places of deprivation of liberty also needs to be a central
orientation. My first visit was devoted to a young offenders’ institution. I was able to assess the
difficulties involved in dealing with juvenile delinquents in this semi-prison environment, as well
as the problems faced by inadequately trained or supervised teams.
A further issue is the situation of young people in health institutions: this once again
poses the question of respect for fundamental rights, with regard to the use of seclusion and the
principle of the - purely functional - division between child and adult psychiatry at around fifteen
years of age. The inspections conducted in 2014 once again showed situations in which children,
and sometimes young children, were hospitalised in adult units, often due to the lack of a
sufficient number of places in child psychiatry units. This situation obviously raises serious
security problems for children and adolescents.
The rights of foreigners in waiting areas and detention centres come up against
numerous uncertainties which, when all is said and done, impair the exercise of their rights, and
in the first place, those of asylum seekers. All of the centres have been visited and, here once
again, we need to build upon the benefits of these initial visits in order to go into greater depth in
our controls. I have met the Commissioner for Human Rights of the Council of Europe on two
occasions in order to discuss this issue, following his visit to the Marseille Marignane waiting area
in France. In the last quarter of the year 2014, the first missions for the control of forced returns
were organised, pursuant to the new competence vested in the Contrôleur Général by the Act of
26th May 2014 and in line with the practices of the majority of other national prevention
mechanisms within the Council of Europe Member States.
International dimension: finally, the first contacts that I have had the opportunity of
making, and my schedule for the coming weeks, show the extent to which the issues we are
facing also need to be dealt with from a European and international point of view. Following the
Treaty of Lisbon, the Council of the European Union put forward a roadmap for strengthening
the procedural rights of suspected or accused persons in criminal proceedings (resolution of
30th November 2009) (incorporated in the Stockholm Programme). The European Union, the
Commission and the European Parliament are, in a manner of speaking, writing a draft code of
criminal procedure at the level of the twenty-eight Member States, and we need to be actively
involved in this debate.
4 The Act of 27th May 2014 continues the movement of extending defence rights to the police investigation stage. In
particular, it made a start at giving official status to questioning without arrest.
14
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