OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL of full-body searches must be raised again for all institutions,80 their performance in every case does not appear to be necessary in the open prisons. The restrictions of all kinds must be reconciled with the imperative of making a success of the ongoing employment plan (those on partial release have professional obligations) and of everything that can contribute to the social inclusion of the person in question. In this respect, partial release may be more successful in the independent centres than in the sections of institutions coming under general law, especially ordinary cells in remand prisons. 10/ The presence of the telephone is important because no open prison or wing visited had a phone booth as is now found in conventional penal institutions. The reason sometimes given is that the concession-holder chosen for these appliances would consider such an installation unprofitable. Whatever the reason, this absence means that the right given to prisoners to telephone (article  39 of the Penitentiary law of 24th  November 2009)81 does not apply to those on partial release. Furthermore, the regime applied to letters lacks coherence: generally, in the independent centres, they are not opened but if (for a former “ordinary” prisoner”) they transit via the prison, they arrive opened (and sometimes stapled on arrival at the centre). Lastly, there are few provisions for family and friends to visit, which may be acceptable if they live in the neighbourhood, but this is often far from being the case. Such restrictions, by which partial release is, again, regressive in relation to the regime applied in ordinary detention, are even less justifiable in the case where those on partial release are obliged to remain in the institution at weekends or for whom the hours of release are very limited; and also for prisoners under general law who work as cleaning or maintenance “auxiliaries” in the independent centres, who are disadvantaged compared to those in other institutions. These discriminations should be ended. 11/ Lastly, one of the most sensitive matters concerning partial release is relative to the role that magistrates play. See the annual report for 2011, chapter 7, “Body searches, security and public order in places of deprivation of liberty.” 81 French penitentiary law n°2009-1436 of 24th November 2009: http://www. legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000021312171&categorieLien =id (in French). 80 138