OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL In the case of a transfer, the code of criminal procedure also provides that the administration is responsible for transporting the possessions, unless they are too voluminous, in which case their shipment is borne by the prisoner; moreover, in the event of a prisoner's death, the possessions are released to the Administration des domaines (Land Office) if not claimed by the heirs within a period of three years. 3/ The application of these provisions, currently insufficient, raises significant challenges that must be corrected in order to effectively protect the right of detainees to the peaceful enjoyment of their possessions. Numerous testimonies collected by the Contrôleur général des lieux de privation de liberté regularly report cases of missing and damage property, either in the locker rooms of the facilities where they are stored, during transfer operations, or following the death of detainees. These cases of missing or damaged property are more likely to occur in cases where the prisoner is transferred on short notice. Such is the case when the assignment of the prisoner is changed for reasons of order and security (following an incident), when measures are taken to reduce prison congestion or when a medical emergency necessitates rapid extraction. This can also happen when relatives send clothing, a book, shoes, CDs or DVDs (now authorised) to the prisoner. In addition to contradicting everyone's rights, the disappearance of property creates tensions within the prison and with the families that should not exist; they not only abnormally divest detainees of their property, but they also turn against the entire staff. The facilities are aware of these crimes against property and certain have already sought to remedy the situation. 4/ To bring a stop to the problem, it is recommended that the penitentiary administration adopt the following preventive measures in the interests of prisoners, families and staff: §1 Anyone who is incarcerated has the right to possess and use property for which its possession and use are not explicitly prohibited by a text, particularly by the internal regulations. Only its use may be subject to regulations required by collective life (hygiene, noise, etc.). §2 The penitentiary administration is depositary of the property of detainees, regardless of the market value, when kept in a locker room or in any other location which prohibits its use by its owners. The 42