Opinion of 10th January 201133 concerning
the use of telephones by persons deprived
of liberty
1/ The possibility for a person deprived of liberty to use a telephone to
contact their family and administrative bodies is one of the provisions
of the right to family life and the right to defence, recognised as
fundamental rights, and one of the means of carrying out a number of
necessary steps in preparation for release - for prisoners - or departure
- for foreigners held in detention centres or in waiting areas.
The prison population
2/ That is why for several years now the prisons administration has
authorised convicted prisoners to use the telephone, the use of which
has gradually become widespread. The Penitentiary law, late in coming
into force on this point, now accords the same rights to defendants,
subject to authorisation by the judicial authority. In any case, the use of
the telephone is naturally subordinate to the requirements of proper
order and security. That is notably why conversations are listened to,
except where otherwise provided by the regulations.
Yet although the principles widen the scope of possibilities for
prisoners' links to the outside world and although the contrôle
général des lieux de privation de liberté (CGLPL) has noted that, for
the most part, official instructions followed along these lines, the
practicalities of telephone use should not limit this scope. In light of
the observations made during visits of the establishments, several
important recommendations have been formulated in this respect.
3/ In the first place, telephones are often installed in exercise yards, or
sometimes in activity rooms.
The interest of this location can be understood, both to facilitate a
certain freedom of use of the telephone by prisoners and to avoid the
additional movement of institution staff (closed detention centres).
But these advantages are outweighed by the major drawbacks. On the
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Published in the Journal Officiel de la République française of 23rd January 2011,
text n°25.
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