Urgent recommendations of 12th November
201282 concerning the Baumettes remand
prison in Marseille
1/ When the Contrôleur général des lieux de privation de liberté (CGLPL)
is aware of any serious violation of the fundamental rights of persons
deprived of their liberty, article 9 of the law of 30th October 2007
authorises him to send his observations forthwith to the competent
authorities and to demand that answers be provided.83 On receipt of
the response, he determines whether the said violations have ceased;
he then publishes his findings and the responses obtained.
Using this emergency procedure, which he is using for the second time,
the Contrôleur Général publishes his recommendations, as follows:
2/ In effect, the findings from the team of some twenty inspectors
that visited the Baumettes remand prison in Marseille between
8th and 19th October remove any doubts that there have been a
serious violation of fundamental rights, particularly in regard to the
obligations on public authorities, laid down in the applicable laws, to
ensure that no prisoner is subjected to any inhuman or degrading
treatment. As a result of these findings, the Contrôleur Général was
granted a meeting, at his request, with the Minister of Justice on
16th November 2012; he asked the Minister to issue her comments,
before the 4th December 2012, concerning the documents which he
presented to her and, in particular, concerning this current report. In
parallel, in a letter dated 12th November, the Contrôleur Général sent
the same findings to the Minister of Health and Social Affairs, asking
for a response by the same date.
3/ It goes without saying that the usual procedure, involving the
drafting of an exhaustive report by the inspectors, is following its usual
course and this report will be submitted to the appropriate ministers
to benefit once again from their observations. It will be made public
at the end of the due process.
Published in the Journal Officiel de la République française of 6th December 2012,
text n°123.
83
Emergency procedure under §2 of article 9 of the French law n°2007-1545 of
30 th October 2007 establishing a Contrôleur général des lieux de privation de
liberté: http://www.cglpl.fr/wp-content/uploads/2009/04/Loi_CGLPL_EUK-v.pdf
82
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