- confiscation of personal clothing and use of emergency allocation protective clothing (DPU); these measures should only be decided upon within the exclusive framework of prevention of suicide, as stated in the memoranda concerning the use of the DPU; - withdrawal of financial aid for persons lacking adequate resources on grounds of bad behaviour, in accordance with the circular from the prisons administration department (DAP) of 3rd February 2011 concerning the granting of allowances to persons lacking resources; - changes of institution for punitive purposes, apart from transfers justified by order and security measures in the interest of the actual persons concerned, in order to avoid recurring incidents with the staff; - automatic dismissal based upon placement in punishment wings, in accordance with the circular from the prisons administration department (DAP) of 9 th June 2011 concerning the disciplinary regime for adult prisoners. Finally, the Contrôleur général asks the Minister of Justice to initiate reflection as to the possibility of re-examination of cases by the judge responsible for the execution of sentences for any persons concerning whom favourable decisions (acquittal, dropping of proceedings, successful appeal to a higher administrative authority or successful recourse to the courts etc.) are delivered after unfavourable decisions with regard to the execution of sentences. This reflection should be accompanied by a study concerning the putting in place of measures for compensation by the prisons administration of persons who have been unfairly treated. *** With regard to unlawful practices used for punitive purposes, the Contrôleur général firmly recalls: - that the processing of applications and effective access to activities and employment cannot in any case be conducted in a discretionary and discriminatory manner; - that discriminatory treatment of prisoners in the management of the concrete aspects of their daily lives such as deprivation of activities, exercise and even meals, moral harassment (racist remarks, intimidation etc.), unusually frequent changes of cell, brutal searches of cells etc. cannot be tolerated. *** With regard to the plurality of sanctions suffered by persons convicted by disciplinary committees, the Contrôleur général recommends that the legislature should make an amendment of article 721 of the code of criminal procedure devoted to remission credits and the role of the judge responsible for the execution of sentences (JAP), in order to clarify the respective fields of jurisdiction of the prisons administration and of the courts in disciplinary matters. Thus, in the first place, it would be appropriate to build a system which complies with the following principles: - inquiries, necessarily conducted by an officer or a graded officer specialised in this task, should be conducted in an inter partes manner. Inquiries should be carried out including incriminating and exonerating facts, on the basis of testimonies, evidence collected by 145