OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL disconnection of the listening system (lawyers, the Contrôleur général etc.) are set out in the procedures. 13/ The more restrictive telephone access is in practice, the greater the temptation for prisoners to resort to mobile phones, the existence of which is recognised in prisons, despite their being prohibited. As jamming devices are ineffective in most cases, consideration must be given to the conditions in which these mobile devices could be used, provided that legitimate security and control measures could be found to apply. Foreigners held in detention or in waiting areas 14/ The equipment in ordinary detention facilities for illegal immigrants, often located in police stations, does not include a telephone, contrary to paragraph 3 of article R. 553-6 of the Code for Entry and Residence of Foreigners and Right of Asylum. The solution of authorising detainees to use a service phone in the presence of police officers cannot be deemed as satisfactory in regard to the right to respect for private and family life. 15/ Detention centres and waiting areas include - in most cases - the necessary telephone equipment (in accordance with the respective provisions of articles L. 551-2, L. 221-4 and R. 553-3 of the Code for Entry and Residence of Foreigners and Right of Asylum). However, the operating instructions are poorly distributed and, generally, only available in French. In particular, the indications (notably given by representatives of the French agency in charge of migration and welcoming foreign people, OFII) for buying cards, payment for communications, and dialling international numbers should be provided in the form of written instructions in several languages and be issued on arrival at the centre or the waiting area, even when the expected duration of stay is short. 16/ The confidentiality of conversations should be generally improved, as there is no guarantee of sound insulation for most telephones. 17/ All mobile phone devices comprising a photographic device are confiscated on arrival at a detention centre or waiting area, on the grounds that photography could infringe upon the image rights of other persons detained in the facility. Insofar as a large number of devices are nowadays thus equipped, in practice this rule leads to the confiscation of most telephones and complicates the access to 70

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