A procedure for the processing of information reaching the CGLPL by letter was put in place
in an empirical manner in the course of the first CGLPL term of office. It was confirmed at the
legislative level and clearly consolidated by means of the adoption by Parliament of the Act of
26th May 2014 amending the Act of 30th October 2007. Article 6-1 of this Act thus defines the
actions that may be taken in response to cases referred to the CGLPL. The CGLPL may carry
out verifications, if necessary on-site and, after having received the observations of any interested
parties, make recommendations to the person in charge of the place of deprivation of liberty.
These recommendations and observations set out may be made public.
If need be, let it be recalled that although the procedures thus initiated by
the CGLPL are intended to bring an end to the infringement of rights
belonging to individual persons deprived of liberty, they form part of the
wider dimension of its preventive mission. In other words, through
individual situations, the verifications initiated by the CGLPL always have
the objective of making sure that no problems exist within the inspected
institution, of a character liable to prejudice the fundamental rights of
persons deprived of liberty. If problems of this kind are brought to light, the
CGLPL then asks the local or national authority concerned to bring them to
an end, while setting out specific recommendations if necessary.
Beyond the checks and recommendations which may result therefrom, letters sent to the
CGLPL are also a precious source of information, which may lead it to schedule a visit or followup visit to any particular institution. The permanent relations that these exchanges of letters
create between the CGLPL and persons deprived of liberty, their close relations, their lawyers
and associations etc. enable assessment of the development of the situation within institutions
that have been visited. The referral of cases thus forms the required complement to detailed
photography at the precise moment of visits by the inspectors. It also enables the renewal of
recommendations that have not been followed up by actions.
The exchanges established between the CGLPL and the authorities concerned 19
throughout the year 2014 made it possible to make valuable progress for protection of the
fundamental rights of persons deprived of liberty and to highlight good local practices. However,
certain continuing difficulties need to be recalled within the framework of this Report.
4.1
Progress made within the framework of the handling of the cases
referred
The common dominator of the verifications conducted and the recommendations made is the
maintenance of proper balance between respect for fundamental rights and security imperatives
resulting from the very nature of the institutions concerned.
4.1.1 Effective access to higher education in prisons
Access to education is organised by means of the appointment of a local teaching manager
(RLE) within prisons, under the aegis of the National Ministry of Education, and through the
action of teachers. With regard to the typology of the prison population and the provisions of
paragraph 2 of article D435 of the Code of Criminal Procedure, interministerial circular no. 2011239 of 8th December 2011 defines two priorities: catering for minors and the fight against
illiteracy.
19
In view of the type of cases sent to the CGLPL (see Section 2, overview of activities), the elements examined below
for the most part concern respect for prisoners' rights. However, the actions taken in response to cases referred also
make it possible to address difficulties and identify good practices with regard to other places of deprivation of liberty.
33
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents