recorded the images on so-called USB keys (which, moreover, they purchased with their own
money). This practice admittedly demonstrates the importance placed by officers on the storage
of images: such images making it possible, if necessary, to give proof of blameless conduct.
However, it is unacceptable in its very principle. Images of persons deprived of liberty cannot be
placed in media which are easily copied and accessible to third parties without difficulty. Practices
of this kind should be totally prohibited.
The manner in which the necessary equipment is installed often shows a lack of
discernment87. In many cases, rather than the being directly installed in the cells, cameras are
installed in corridors and directed in such a manner as to make the interior of the cells visible. In
general, in recently-built police stations, the cells are equipped with toilets, screened-off by a low
wall. However, in some cases persons in police custody are shown using the toilets in the images.
Conversely, camera angles sometimes leave blind spots, rendering the effectiveness of the
apparatus doubtful. Cameras are sometimes focused on places which should be protected from
external view: such as medical examination rooms, where present, and rooms provided for
consultation with lawyers: doctors and legal advisers should be aware of the need to respect
confidentiality of treatment and professional secrecy. In cases where they may feel a certain
apprehension, such concerns should be resolved by a manual alarm system, rather than by the
permanent presence of the “eye” of camera surveillance. And finally what can be said of the
cameras that are installed in the rooms (or rather cubby-holes) reserved for body searches? They
should be rapidly removed.
The case of rooms for sobering up, in which persons in a public and manifest state of
drunkenness are placed, poses a special problem. The Contrôleur général has sometimes hoped
that these cameras might make it possible to check on what is happening in these rooms, in view
of the health risks affecting these persons. Indeed, provision is made for patrols (in principle
every quarter of an hour); but it is difficult to establish the reality thereof, especially in the
absence of any document attesting to them. Video surveillance would therefore make it possible
to attract immediate attention in case of danger. Conversely, should the collection of images of
persons in a (momentary) state of weakness be permitted? The latter, unlike other persons locked
up at the police station, are not actually in police custody [garde “à vue”, i.e. literally, held and
“watched over”] and are not therefore meant to remain within constant view of those responsible
for their custody, without overstepping the nature of the measure applied to them. In view of the
difficulty of finding the necessary balance between risk and intrusion into the life of the person
concerned, it would be preferable to seek to provide proof that the patrols are conducted,
without installing cameras. On this point, the Contrôleur général has changed its position.
The report for 2009 had also mentioned the mediocre quality of the images in many of
the situations inspected and problems of maintenance of the equipment: in many premises
inspected, the equipment is out of order and cannot therefore fulfil its expected role.
Finally, problems sometimes also arise with regard to the viewing of images on the
monitors. In the first place, the person responsible for viewing them may have many other tasks,
thereby lengthening the response time should any problems arise. Moreover, the monitors may
be poorly positioned: in one police station inspected, the monitors were placed in such a way that
they were behind the officer’s back, in the latter’s usual position, while, on the other hand, they
directly faced members of the public, who were thus able to view their content.
2.3.2.2 Sound
Sound equipment is sometimes installed in a makeshift manner: in one police station inspected, a
radio had been placed in the corridor playing music at maximum volume, in order to avoid the
87
Here we are merely returning to the observations made in the annual report for 2009: op. cit. p.99.
43
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