PROTECTION OF PROPERTY (OPINION)
administration thus has custody and, consequently, the responsibility
of the property, except when it is established that the loss, destruction
or deterioration of said property are not attributable to it. With this one
exception, it has the responsibility to ensure that the property is not
lost, destroyed or damaged and, when it is, to compensate its owners
for its value, as is currently foreseen in certain cases (see §14 below).
§3 As the Ombudsman (Médiateur de la République) noted in his
last annual report, property of any kind must be inventoried in the
presence of and authenticated by both parties each time the property,
of any kind whatsoever, is:
•
•
turned over to the accounting department of a facility;
deposited or withdrawn in an establishment's locker room.
§4 The necessary personnel and time must be made available for this
purpose, particularly in remand prisons, in light of the requirements
that such inventories impose. Only trained prison wardens dedicated
solely to this task must be able to carry out the duties in accordance
with a formalised procedure and, as is already the case in certain
establishments, computerised as early as possible. In their absence,
especially at night, the property must be kept in a closed location
in closed packages by means making it impossible to open until the
inventory is taken no later than the next business day; in case of the
departure of a prisoner, inventories are performed 24 hours in advance
at the earliest and the packages are sealed in the same manner. Under
no circumstances shall inmates assigned to general service intervene in
these operations, except possibly for handling already sealed packets.
§5 To facilitate the implementation of controls, the locker rooms
of penitentiary facilities (at least those in which the greatest number
of transfers are conducted) must be equipped with X-ray baggage
screening tunnels.
§6 The boxes in which the inmate's belongings are placed (except
those submitted to the accounting department) are uniform and meet
the requirements of the instructions issued in 2009 by the Prisons
Administration Director. However, special packaging must be used to
distinguish essential goods, all placed in a single priority cardboard
box. These items shall be returned to the transferred prisoner
upon his/her arrival at the new facility, pursuant to the previous
recommendation regarding the inventory.
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