2. Cases Referred
2014 was an unusual year insofar as it saw the end of the term of office of the first Contrôleur
Général des lieux de privation de liberté, an interim period of almost two months and, finally, the
appointment of the second Contrôleur Général. It was therefore a year that combined both change
and permanence. The continuity of the institution’s mission was ensured by the stability of the
team in charge of handling the cases referred and management by the Secretary-General during
the interim period.
Apart from the results obtained, the testimonies received during this period
of transfer between different terms of office show how important it is to
persons deprived of liberty to have their words taken into account, as a first
step towards recognition of their dignity.
Finally, in 2014, the legislature itself acknowledged the important place held by the
referral of cases within the performance of the preventive mission assigned to the CGLPL, by
officially approving the procedure elaborated in an empirical manner in the course of the first
term of office.
Accordingly, Act no. 2007-1545, of 30th October 2007 amended by Act
no. 2014-528 of 26th May 2014 provides that when natural or legal persons
bring facts or situations to the attention of the CGLPL, which they consider
to constitute an infringement or risk of infringement of the fundamental
rights of persons deprived of liberty, the CGLPL may conduct verifications,
on-site if necessary (article 6-1).
The inspectors to whom it delegates the conduct of on-site verifications enjoy the same
prerogatives as at the time of inspections: confidential interviews, access to any useful document
and any premises (article 8-1). The limits that may be raised against them are also similar: only
secrets of national defence, linked to State security, taking of evidence, preparation of cases for
trial and secrecy between lawyers and their clients may be raised against them. Within the
framework of on-site verifications, medical secrecy may be lifted under the conditions provided
for in the final paragraph of article 8-1. This new prerogative was moreover implemented at the
time of the on-site verifications conducted the 4th, 5th and 13th June 2014 at the prison of Fresnes,
with the agreement of the person concerned 41.
At the end of these verifications (made via exchanges of letters or on-site), and after
having received the observations of any persons concerned, the Contrôleur général des lieux de
privation de liberté may make recommendations concerning the facts or situations in question to the
person in charge of the place of deprivation of liberty. These observations and recommendations
may be made public, without prejudice to the provisions of article 5.
41
Cf. infra.
46
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