The prison administration department’s action plan for 2013 within the framework of the
fight against heatwaves linked the implementation of specific measures, and provision of electric
fans in particular, to the launching of a prefectural alert as defined under the French national
heatwave action plan. Yet, the CGLPL noted that the temperatures reached in the months of
June, July and August 2013 did not lead all prefectures to make decisions of this kind.
Nevertheless, prisoners in some of these departments asserted that they suffered particularly
from the heat, but were unable to obtain the granting of fans placed at their disposal.
In view of the fact that prefectural decisions to launch alerts are based upon
criteria that do not take the special living conditions of persons deprived of
liberty into account (inability to ventilate their accommodation, impossibility
of free access to any outdoor area or shower room etc.), the CGLPL
recommended that measures for reducing the health risks connected with
extremes of temperature in prison should be implemented independently of
the launching of prefectural alerts and advised the establishment of daily cell
temperature readings, in order to enable the launching of local alerts when
temperatures reach pre-established levels.
By means of a letter of 23rd May 2014, the director of the prisons administration informed the
CGLPL that the 2014 action plan sets out preventive measures to be implemented independently
of the launching of prefectural alerts, in particular by means of authorisation of the purchase of
fans, sun creams, sunhats and cap-type headgear in prison shops, between 1st June and
30th September. The notes specifies that the measures described are not exhaustive and that heads
of institutions are encouraged to take local initiatives, even in the absence of the launching of
prefectural alerts. Nevertheless, other measures (access to water, cooling of premises, adaptation
of operation, catering to specific groups of prisoners etc.) remain linked to the launching of
prefectural alerts. However, the director of the prisons administration has undertaken to look
into the possibility of elaborating a specific alert system for prisons. The CGLPL shall therefore
pay close attention to the results of this reflection.
4.1.4 Proper use of social networking services
The publication of comments and photos in publications on the Facebook 25 profiles of certain
members of staff was brought to the Contrôleur Général’s attention. Although the elements
ascertained do not directly enable the establishment of a clear case of violation of fundamental
rights 26 and do not appear to constitute disciplinary faults as such, they nevertheless denoted a
certain lack of respect towards prisoners and were liable to create a poor image of prison staff. In
addition, the CGLPL wanted to draw the prisons administration department’s attention to the
abuses which may arise from use of social networking services and the need for compliance with
the duty of confidentiality and the principle of professional discretion incumbent upon all
officials.
In response, the director of the prisons administration pointed out that she was particularly
vigilant with regard to the necessity of raising awareness among prison staff about the security
measures which they need to take when using social networking services and that several
measures had been undertaken to ensure proper balance between liberty of expression and
respect for prisoners, in some cases even involving disciplinary sanctions against officers showing
lack of respect for their professional obligations.
25
26
This concerns the public area of Facebook profiles.
In particular because the prisoners were not identifiable.
36
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