Forearmed with these initial observations, the Contrôleur général here gives a summary of
a year of work, in the form of topics, to which it returns, or upon which it expands, according to
a framework similar to that of the previous annual report, which will facilitate the task for our
most faithful readers, who survived its reading.
The first section summarises and reviews the reports sent to ministers in 2012, while
distinguishing that which was made public (three assessments or recommendations) from that
which was not. In order to facilitate reading, the latter part is divided into sub-sections
corresponding to each of the principal categories of places of deprivation of liberty (detention
and waiting zones, young offenders’ institutions, police custody, prisons and psychiatric hospitals
etc.). Three different aspects of each of these places of deprivation of liberty are successively
examined in the sub-sections: in the first place background details (government and other
initiatives in 2012); secondly, a factor which the Contrôleur général wishes to emphasise (e.g.
removal of prisoners from prison in order to go to hospital); thirdly, other recommendations
made to ministers, amongst which certain observations made in previous reports will probably
come up again. Nevertheless, the Contrôleur général does not fear repetition or even, horresco
referens, indecorous insistence.
The aim of the second section is to highlight action taken by the authorities in response
to the Contrôleur général’s recommendations, both published and unpublished. Contrary to what
is sometimes hoped by those who call upon it, the latter institution’s prerogatives only extend to
description and analysis, on the one hand, and earnest encouragement on the other; a far from
negligible role, with which it is satisfied. Responsibility, as to whether or not to follow-up the
recommendations made, lies with elected representatives. Is it necessary to recall here, in these
years of lean kine, that as far as the upholding of human dignity is concerned, all is not a question
of funds?
There follow four purely topical sections, selected in accordance with the inspectorate
general’s current concerns, and fuelled by the mail that it receives (in abundance) and the
inspections that it carries out. The first of these (section 3) examines the conditions in which
discipline is defined and exercised in places of deprivation of liberty: indeed, discipline is often
problematic with regard to methods and very heavy in its consequences. In the same field, the
second (section 4) examines the defence of the rights of persons deprived of their liberty, which
involves several fundamental rights (the right to defence, the right to an effective remedy whose
importance is often underestimated. The third (section 5) concerns long-term pathologies in
places of deprivation of liberty and access to treatment: although very generally speaking it
appears that emergency care, on the one hand, and the most commonplace complaints, on the
other, are, on the whole, provided for, the same does not apply to other illnesses, whose
treatment is often difficult to reconcile with the inevitable security requirements. The final section
(section 7) expands upon the manner in which the imprisonment of children is currently
conducted in France.
Finally, the report sets out considerations which, though henceforth “customary”, are
nevertheless indispensable for an understanding of the Contrôleur général’s work:
Its knowledge of the daily life of persons deprived of liberty: the purpose of section 6 is
to provide an illustration thereof, by offering a certain number of first-hand accounts from
persons in custody (which have been made anonymous).
Its openness (to scrutiny) with regard to public opinion and the authorities: the activity
report (section 8) sets out comprehensive details of the actions taken and resources employed by
the Contrôleur général, including a draft bill amending the act by which it was founded;
The places inspected have been incorporated into an overall assessment of statistical data
on penal policy, detention and psychiatric treatment (section 9), thanks to series of figures that
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