Nevertheless, none of the inspectors present at Marseille felt any hesitation whatsoever about
drawing up the report.
Indeed, on the one hand, conditions of existence are wretched, because the material
setting for living (walls, temperature, dampness, detrimental etc.), which is moreover
insufficiently maintained, places persons accommodated in the institution in danger of bodily
harm: due to the fact that the activities offered (despite considerable originality and sustained
commitment) are very inadequate; due to the existence of violence, particularly between
prisoners, in this economy of scarcity, where the smallest good (sometimes even behaviour) is
bought and sold; these three factors being closely linked. On the other hand, the state of the
prison has been regularly brought to the attention of the authorities for twenty years, by the
(European) Committee for the Prevention of Torture, which inspected it twice, by the European
Commissioner for Human Rights and, finally, by a commission from the French Senate: all of
these inspections led to denunciations of the situation prevailing in the institution, without any
significant changes being made in the intervals between them.
The improvements carried out there, though indeed real, have not resulted
in any amelioration in daily life for staff and prisoners. Furthermore,
currently planned improvement work will lead to the demolition (in order to
build two modern remand prisons on the same site) of what is, at the
present time, the least dilapidated part of this vast complex (the women’s
prison). This operation cannot make any sense unless it is combined with
the renovation (or reconstruction, a more costly option) of the main
building (the men’s remand prison). Any other solution will not change the
currently existing unacceptable living conditions, of which most persons
with whom the Contrôleur général had exchanges underlined the serious
consequences.
The recommendations made as a matter of urgency concerning Nouméa were intended to
secure the granting of planning permission, refusal of which was preventing the process of
rebuilding the prison from going ahead. Those concerning Baumettes prison are intended to lead
the authorities to an acknowledgement, at short notice, of the need to include “Baumettes 3”, i.e.
the men’s remand prison, in the work to be completed, rather than stopping at the currently
planned work. The Contrôleur général will remain very vigilant with regard to this point, amongst
others, in the course of the year 2013.
2. Recommendations concerning Inspections
The Act of 30th October 2007 places an obligation upon the Contrôleur
général des lieux de privation de liberté to bring his observations on the
inspections conducted, to the attention of the ministers concerned, in
particular with regard to the “state, organisation and functioning” of places
of deprivation of liberty. The Act provides that, for their part, the ministers
shall make known their comments in response to these observations, if they
consider this to be useful, or if the Contrôleur général expressly requests
them to do so.
In practice however, these comments are systematically requested. This kind of approach
appeared necessary in order to create a certain dynamism after the completion of inspections, in
order to promote the changes called for in the inspection reports.
The following details therefore concern the recommendations included in the inspection
reports sent to ministers (principally those responsible for Justice, the Interior and Health)
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