Furthermore, the CGLPL’s duties have been extended to control of the concrete
implementation of procedures for the deportation of foreign persons, until they are handed over
to the authorities of the State of destination. Finally, the text enables the Contrôleur Général to send
opinions to the authorities concerning plans for the construction and renovation of places of
deprivation of liberty.
Conversely, the question of the appropriateness of extension of the CGLPL’s
competence to the control of retirement homes for infirm elderly people (EHPAD / établissements
d'hébergement pour personnes âgées dépendantes) did not receive a favourable response. However, the
contacts established by the Contrôle Général with professional associations working in the sector
show that this issue still remains relevant and it shall be the subject of further reflection.
1.2
President of the Republic, Government and Parliament
As in previous years, the Annual Report of the Contrôle Général for 2013 was handed over to the
President of the Republic as well as to the presidents of the Senate and National Assembly.
Within the framework of taking up her duties, the Contrôleure générale des lieux
de privation de liberté met the Minister of Justice, the Minister of the Interior
and the Minister of Health, Social Affairs and Women’s Rights.
At the time of these interviews, the recurrent questions of prison overcrowding and
individual cell placements were mentioned, as well as conditions and inspection of police custody
(poor state of cells, inadequacy of control exercised by State Prosecutors’ Offices, systematic
taking away of brassières etc.) and CEFs (inadequacy of content of educational projects,
qualification and training of teams etc.).
Moreover, the Contrôleure Générale stressed the difficulties posed by secure medical
jurisprudence centre placement measures as provided for under the Act of 28th February 2008, as
well as the situation of prisons in French overseas departments and territories.
She also made known her serious concern with regard to the question of
provision of treatment to prisoners within local health institutions and,
more specifically, removal from prison in order to go to the hospital.
Indeed, in accordance with the instructions of the prisons administration note of
5th March 2012, an escort level (of 1 to 4) is set for every prisoner, whether convicted or awaiting
trial, on their arrival within the institution.
Yet, at the time of their visits the inspectors frequently ascertained that, in practice, the
escort levels were not taken into account and the same rules were applied to all without
distinction: imprisoned patients are handcuffed during transfer as well as during the
accomplishment of medical acts, the handcuffs being replaced with plastic straps during medical
imaging examinations (scans and MRI); during consultations, one or several officers remain
present in examination rooms and even in operating theatres.
This situation is unacceptable with regard to the dignity of persons and should be
examined by the authorities as a matter of urgency.
The Contrôleure Générale also stressed the recommendations made by her
predecessor with regard to the detention of illegal immigrants and asylum
seekers due to be deported: reduction of the maximum length of detention,
regulation of the use of exclusion rooms and protection of the maintenance
of family ties, as well as effective application of the right to one clear day for
persons placed in waiting areas.
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