OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
3/ The directives issued by the Directorate General of the Gendarmerie
Nationale only foresee that everyone in custody is served lunch
and dinner. Breakfast with a hot beverage should also be served,
officialising the spontaneous practice of the military as was generally
observed by the contrôle général.
4/ Everyone should be able to appear before a judge, a prosecutor and
a police officer with dignity. An installation should allow individuals
that have been in custody since the previous day to wash in the
morning and a hygiene kit should be made available.
5/ The supervision of individuals in custody is not satisfactory outside
the business hours of service premises, especially at night. As a
minimum, a device installed in the cells must allow detainees to alert
a service member at all times.
6/ The custody register, foreseen in Article 65 of the Criminal Procedure
Code, is an essential document to ensure that the fundamental rights
of persons deprived of liberty are respected. It must be complete
and reliable, and the traceability of the custody process must be
ensured. The previous model, still in place in some units, should be
replaced without further delay by the model defined in 2005 by the
Directorate General of the Gendarmerie Nationale as it allows for
better information confidentiality.
7/ Harmonisation of these registers, used by the Gendarmerie and the
National Police, and dematerialisation should be sought, as already
indicated by the Contrôleur général des lieux de privation de liberté
in its annual report for 2008. This solution would allow the various
phases of the custody process to be monitored in real time and to
improve the working conditions of the personnel. The Minister has
also expressed interest in this suggestion.
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