OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL able to establish the authenticity of their telephone number by any means of proof and these means must be regarded with flexibility. With regard to consent to receive calls, it would be more appropriate to consider the designation of a family member or friend as presumption of consent, unless otherwise specified by this person, and subject to communication bans. 6/ Calling hours are often problematic. It is natural to limit the length of calls where this is justified by the size of the prison population (and only in this case). In general, however, these calls can only be made during the day. Notably, in all institutions, the telephone is inaccessible after 5:30 p.m. Prisoners, women in particular, therefore argue that they can never contact their family and friends who arrive home after this time. Additionally, prisoners detained in mainland France whose family and friends live overseas encounter great difficulties in contacting them due to the time difference. The implementation of the right to telephone thus implies, despite the additional charges that it entails, that the calling hours be extended, particularly in the evening, at least up until the night team takes over service in the detention centre (7 p.m. or 8 p.m. as the case may be). It must also enable prisoners housed or working in facilities without a telephone to have access to one (for example assistants working in an open wing). 7/ The cost of local telephone calls was substantially increased in February 2010, as a result of national decisions, by the operator with which the administration has a contract. Although no one denies the need for prisoners to finance their calls (the administration usually and gladly bears the cost of one euro of communication on arrival at the institution, in order to inform convicted prisoners' family and friends), they must also be able to do so in similar conditions to those prevailing outside of institutions; all the more so as they do not have any choice of operator. The question of telephone access for deprived persons also merits examination in commissions dealing with "poverty", in the form of a flat rate that covers a minimum number of communications, as provided for in institutions with a delegated management system. 8/ International calls, in particular for foreign prisoners (who often have no contact with their family), must be authorised under the same conditions as national calls. The formalities imposed (cf. above on the production of invoices) must not present an obstacle: again, the forms of proof (relation, address etc.) by any means (passport, letter envelopes etc.) must prevail, particularly in the case of nationals 68

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