BESANÇON POLICE STATION (RECOMMENDATIONS)
6/ The practice of confiscating a detainee’s bra and eyeglasses should
be reviewed. A case of attempted suicide of a woman placed in
custody in the Paris suburbs in June 2009, using her bra, does not
by itself justify the systematic implementation of what constitutes a
violation of individuals’ dignity.
In order to respect the principle of proportionality, the Director General
of the National Police has proposed that “the decision to confiscate
underwear comes under the judgment of the police officer in charge of
the procedure, and is automatically required when circumstances give
rise to concerns for individuals’ security.”
On this basis, it appears necessary to instruct all parties involved to
no longer systematically confiscate a detainee’s bra and eyeglasses,
and that this practice be subject to specific, detailed elements that the
police officer in charge of the procedure in question should note in
the custody register and the individual’s custody file.
7/ At the Besançon police station, as elsewhere, the name given to
the prison register (“registre d’écrou”) generates confusion, including
among officials and those in custody, as it carries the connotation
that a person is imprisoned, even if he is only held for sobering up
in the framework of a procedure concerning public drunkenness.
Additionally, entries in the custody register do not distinguish between
different custody arrangements, nor do they indicate the reason for
the custody.
Noting that the Director General of the National Police supports
changing the name of the prison register and initiating discussions
with the Ministry of Justice to change the information recorded in the
custody register, we hope to see these measures implemented.
8/ The custody register, which is not always properly maintained, does
not permit precise and reliable oversight of how the process is carried
out; this oversight is provided for in the CPP.
Maintaining reliable and complete registers is essential for any
establishment responsible for ensuring respect for the fundamental
rights of those deprived of their liberty.
The Contrôleur général recommends (and has already publicly
proposed) studying a dematerialised implementation of this legal
obligation, which would additionally permit real-time monitoring of
the various phases of police custody and improved working conditions
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