Section 1: Statements made by the Contrôleur général to the Government in 2012 Article 10 of the Act of 30th October 2007 provides that, after each inspection of an institution, the Contrôleur général des lieux de privation de liberté sends conclusions and recommendations to the Ministers concerned, and that the said Contrôleur général has the right to set out assessments and proposals before the authorities. Recommendations and assessments may be made public. In general, they are not, at least until a certain time has elapsed. The purpose of this section is to set out the content of the proposals that were made to the Government in the reports and assessments sent to it in 2011 As the months went by, in course of conducting inspection duties and sending recommendations to the Ministers concerned after completion of inspections of institutions (prisons, hospitals, police establishments etc.), it very quickly became apparent that it was necessary to supplement these recommendations with assessments of more general concern. Indeed, although inspections make it possible gain insight into questions that transcend individual cases, this is not so in every instance. Conversely, when a certain number of inspections have been conducted, recurring issues stand out more sharply, in a way that recommendations concerning single institutions do not necessarily make it possible to convey. 1. Assessments and Recommendations Published in the Journal officiel The Act of 30th October 2007 instituting the General Controller of places of deprivation of liberty, allows the publication of assessments and recommendations according to two different procedures. Under ordinary law, article 10 of the Act provides that the Contrôleur général shall formulate assessments, recommendations and proposals for the amendment of applicable laws and regulations and that each of these assessments and proposals may be published, provided that the authorities are informed thereof and that the latter’s comments are incorporated in the said publication. Under article 9 of the act, an exceptional measure applies when, in the course of an inspection, the Contrôleur général ascertains a “serious violation of the fundamental rights of a person deprived of liberty”: in such scenarios, observations are passed on to the ministers concerned, who are allotted a set time in order to reply. After this deadline, a report is drawn up recording whether or not the serious violation has ended and, if the Contrôleur général considers necessary, the observations and replies (if received) are “immediately” made public. In 2012, two assessments were made public under article 10 and one recommendation was published on the basis of article 9. 12

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