OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL roles resulting from the identical uniform for security staff and medical staff. The Chief of Police has indicated that badges will henceforth enable the differentiation of the two. Warders should no longer wear nurses overalls. Likewise, it should be kept in mind that the stay in the establishment, which performs an exclusively guiding role, can only be temporary. The organisation of the presence of medical staff during the visit resulted in persons arriving after 2 p.m. being required to stay on site until the following day, even though this was not justified by any therapeutic or care necessity. A solution has since been found at least in the short-term. Steps should be taken to ensure its continuation. Above all, there is some confusion in the orientation decided on site between procedures for hospitalisation by court order and hospitalisation at the request of a third party, the procedures for which are nevertheless carefully distinguished by the law. This confusion is a result of difficulties that family members and friends have in obtaining authorisation to visit patients, and therefore being able to initiate the procedures for hospitalisation at the request of a third party if they so wish. Clarifications must be made on this point. The foregoing points alone do not require the publication of recommendations. However, the very principle of the existence of the psychiatric infirmary of the Paris police headquarters warrants clear choices. As recalled in an opinion of the Contrôleur général published on the same day, hospitalisation without consent, of which admission to an establishment is one of the tools, is notably a deprivation of liberty. This must therefore be accompanied by the necessary guarantees for balance between the preservation of public order and the rights of the individual. These guarantees require that the decisions taken be done so by their caregivers solely on these grounds. It is indisputable that the specific organisation in Paris results in hospitalisation by court order, as established in the Public Health Code: on the one hand, the Chief of Police, and not the Prefect of the department, is responsible for ordering the hospitalisation of persons on court order, and the extension of this measure or its withdrawal; and on the other hand, on the principle that the municipal police powers are exercised by the Chief of Police, the police superintendents and not the Mayor, take provisional measures with respect to persons 74

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