required by Article 13 must be available in practice as well as in law, in particular in the sense that its exercise must not be unjustifiably hindered by the acts or omissions of the authorities of the respondent State". Similarly, in its guide to good practice in respect of domestic remedies, the Council of Europe states that "a remedy is only effective if it is available and sufficient" 37. It adds that "the authorities must not, in practice, make the remedies ineffectual and therefore unavailable. That would be the case, for example, when a removal took place with undue haste"38. Furthermore, the Programming Act of 28 February 2017 on substantive equality Overseas has introduced, in Mayotte, a new discriminatory provision that is at odds with the stated goal of "substantive" equality and which involves bringing back the five-day timescale for the liberty and custody judge to issue a decision, solely for Mayotte. As was indicated in the 2016 Annual Report, the Chief Inspector has drawn the Senate's attention to the untimely nature of this provision, which introduces inequality of treatment and is not appropriate for the situation in Mayotte where the widespread existence of detention placements should, on the contrary, lead to closer scrutiny by the judicial authority rather than a limitation in its role. The CGLPL insists on the necessity of maintaining a 48-hour timescale throughout national territory – including in Mayotte – for the presentation of migrants placed in administrative detention before the liberty and custody judge. These various examples are evidence of the inadequacy of the current French system, which is supposed to afford effective remedy to foreigners placed in detention centres for illegal immigrants particularly in Overseas France. In this regard, the Chief Inspector commends and supports the work of the National Consultative Commission on Human Rights (CNCDH), which has announced the publication in 2018 of a study on the effectiveness of rights Overseas and has already published, on 26 September 2017, an opinion on foreigners' rights and the right to asylum in Overseas France on the cases specific to French Guiana and Mayotte; this is consistent with the CGLPL's findings on these points. She agrees with the findings of all the UN human rights treaty bodies, which highlight at regular intervals in their observations that violations of rights are widespread, plural in nature and sometimes cumulative in certain Overseas territories. 3.2 Respect for dignity and professional secrecy during external movements for medical reasons The difficulties associated with respect for dignity and professional secrecy during external movements for medical reasons are a recurrent concern for the CGLPL; recommendations have been issued on this subject on numerous occasions. The CGLPL's first annual report, through one prisoner's personal account, mentioned that medical care had been turned down because of excessive security measures and violations of medical confidentiality39. The 2012 annual report presented an in-depth analysis of this subject, in relation to the issue of personalising external movement procedures40. This report maintained that, on this point, the Prison Act of 24 November 2009 fell short of the requirements regarding humane treatment, insofar as Article 52, in an interpretation a contrario, does not exclude handcuffing during childbirth and, for all other surgical procedures or examinations, does not prohibit the use of handcuffs and restraints or 37 Guide to good practice in respect of domestic remedies, adopted by the Committee of Ministers on 18 September 2013, Directorate General Human Rights and Rule of Law, Council of Europe, p. 12. 38 Ibid., p. 35. 39 Hospital external movements (letter received from a prisoner), Chapter 5 of the 2008 annual report, p. 110. 40 See Annual report for 2012, p. 52. 88