hardly being conducive to the establishment of relations of trust between doctors and their
patients.
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that an inventory of fixtures and statement of sate of repair should be drawn up in the
presence of the parties involved at the time of each arrival and that the whole of the
items and products necessary for a stay in the punishment wing should be handed over
to the prisoner;
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that, in view of their presence in a cell twenty-three hours a day, persons punished
should a have the benefit of two daily exercise timeslots, in the morning and in the
afternoon. To this end, the Contrôleur général recommends the possibility of leaving
several persons in the same yard, which would solve, if necessary, the difficulty of
procuring a sufficient number of available yards;
In this respect, France should follow and extend to punishment wings the recommendation
concerning solitary confinement wings made by the European Committee for the
Prevention of Torture (general report 2010) which consists of “rethinking the design of
exercise yards in solitary confinement wings in all institutions that are to be built or
renovated. These yards should be sufficiently spacious and equipped in a manner allowing
prisoners to practice physical exercise rather than merely pacing up and down a closed area”
and have facilities making it possible to shelter from climatic vagaries.
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that persons placed in punishment wings should be able to take daily showers and have
their spare changes of clothes in their cells, for the same reasons of hygiene;
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that persons placed in punishment cells should have effective access to varied reading
(since it is essential that they have the benefit of stimulation that helps them to maintain
their mental well-being as recalled by the European Committee for the Prevention of
Torture in its annual report for 2010).
With regard to remedy available to persons punished by placement in punishment
wings, this circular should specify:
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that appeals to higher administrative authorities and actions for judicial remedies lodged
against decisions taken by disciplinary committees, as well as decisions delivered, should
be recorded by means enabling the traceability thereof, in order to place this
information at the disposal of the authorities responsible for inspection.
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that existing remedies should be brought to the attention of persons sanctioned by
disciplinary committees at the time of the hearing, in particular for persons placed in
punishment or confinement cells who have the possibility of requesting deferment of
these measures;
To this end, the Contrôleur général desires that remedies effectively available to prisoners
should be implemented in order to allow the latter to have the benefit of real guarantees.
Placement in a punishment cell should be acknowledged to be a situation of urgency
opening the right to judicial remedy by means of emergency appeal to an urgent applications
judge for the suspension of disciplinary sanctions.
In addition to these statutory amendments, and more generally, the Contrôleur général
recommends that the rules and regulations of punishment wings should be brought up to
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