In 2015, the Committee for the Prevention of Torture of the Council of Europe will
conduct its regular visit to France.
In these areas, as one of the only independent national prevention mechanisms, I want
the CGLPL to be a driving force. I know that from this point of view we can rely upon support
from essential partners. For this reason, with the Association for the Prevention of Torture, a
non-governmental organisation that exerts constant and effective pressure for the promotion of
the Optional Protocol to the Convention of the United Nations against Torture – which is one of
the bases of the CGLPL – in the autumn of 2014 we published a compilation of the whole of the
Opinions and Recommendations made public between 2008 and 2014, in French, English and
Spanish. These orientations cannot be effectively developed without reflection concerning our
methods.
Effectiveness. In this respect, it is important that our recommendations and opinions
should lead to concrete results. I was greatly impressed by the procedure implemented following
the urgent recommendations concerning the Baumettes prison in Marseille, at the end of which
the case was referred to the administrative judge, who gave a clear verdict with regard to the
issues of renovation of the latter institution. I want to further increase the closeness of our
relations with the Council of State, Court of Cassation and Constitutional Council of France, as
well as with the European Court of Human Rights. There are mechanisms enabling us to take
third party action: we should make more regular use of them.
Our presence “on the ground” in places of deprivation of liberty throughout
France is the strength and heart of the Contrôle Général . I wanted to conduct missions
immediately upon taking up my appointment. These visits took place in a young offenders’
institution (the CEF of Saint Pierre du Mont in the Landes department), in the National public
health institution of Fresnes, which moreover houses the centre for secure medical jurisprudence
placements, and at the remand prison of Dijon. These direct relations will thus ensure that the
special attention to these issues intended under the Optional Protocol of the Convention against
Torture – which has today been ratified by more than seventy-five States throughout the world –
will become fully effective. Total “immersion” of this kind is alone capable of ensuring effective
verification of respect for fundamental rights. At the same time, it is necessary to scrupulously
ensure the confidentiality of interviews, both with persons deprived of liberty and with
professionals, as provided for under article 21 of the Optional Protocol of the Convention
against Torture 5.
The referral of cases constitutes the other foundation of our mission. The right of
persons deprived of liberty to write to us in complete confidentiality is a fundamental right which
needs to be protected 6. The Act of 26th May 2014 reinforced this right, by creating an offence of
obstruction with regard to any person who might attempt to prevent the accomplishment of the
Contrôle Général’s missions, and by formally setting out the prohibition and criminal character of
any reprisals to which persons might be subjected because of their contacts with the institution.
Still greater light needs to be shed upon the issues that we examine and address.
We need the support and knowledge of the academic world, as well as prominent
qualified persons. An expert committee is currently being formed and will be in place at the
beginning of 2015. Its intended role is that of a consultative committee, while respecting the
5
Article 21 : No authority or official shall order, apply, permit or tolerate any sanction against any person or
organization for having communicated to the national preventive mechanism any information, whether true or false,
and no such person or organisation shall be otherwise prejudiced in any way.
6 Confidential information collected by the national preventive mechanism shall be protected. No personal data shall
be published without the express consent of the person concerned.
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