Introduction
The mission given to the Contrôleur général des lieux de privation
de liberté (CGLPL) by the law of 2007 setting up the French National
Preventive Mechanism,2 is to ensure protection of all fundamental
rights for persons deprived of their liberty, whether they are in prison,
police custody (garde à vue), an immigration detention centre, the
cell of a courthouse, a mental health institution, a juvenile detention
centre, or in any other place where people are imprisoned upon the
decision of a judge or other administrative authority.
Amongst the powers this law gives the contrôle général, is the right
to provide the government with opinions or recommendations.
Significantly, after announcing it beforehand, these opinions or
recommendations can then be published in the Journal officiel de la
République française.
During the six-year mandate of the first Contrôleur général, thirty-six
opinions or recommendations were published. This represents on
average one every two months. These published views complement
or illustrate the other means of expression (and of providing further
recommendations) of the National Preventive Mechanism, including
the reports drafted after every visit, as well as its annual reports. Such
reports are typically taken up and considered by the national press.
Experience leads us to distinguish between opinions which do not
refer to any particular place of deprivation of liberty, but are focused
on a certain issue (a group of people: foreigners, LGBTI; a procedure:
the use of CCTV; or an object: mail, telephone); and recommendations
which ensue from the visit of one or several places of detention. The
law also makes it possible to publish urgent recommendations, in
case of serious violations of fundamental rights. This procedure has
been used four times.
2
French law n°2007-1545 of 30 th October 2007 establishing a Contrôleur général
des lieux de privation de liberté: http://www.cglpl.fr/wp-content/uploads/2009/04/
Loi_CGLPL_EUK-v.pdf
3