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.
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