rejects and those it accepts on the basis of their principle – even if it seems difficult to take
immediate action on them.
From 2017, supervision of the CGLPL's general recommendations will be rounded off with
supervision of the special recommendations it expresses following the visit of each prison, mental
health institution, juvenile detention centre or detention centre for illegal immigrants. Occasionally,
this supervision may also bear on some custody facilities when a particularly serious situation has
been reported, i.e. when the minister has received a direct referral following the visit of the
institution rather than through the annual summary. Every year, this supervision will be carried out
for all of the visits performed three years previously. For example, in the summer of 2017, the
ministries will be asked about the action taken subsequent to the CGLPL's visits conducted between
1 August 2014 and 31 July 2015.
1.2
The recommendations concerning prisons
The CGLPL's general recommendations on prisons form a sizable set going into every aspect of
life in prison and the rights of prisoners. The details and supervision thereof can be found in
Appendix 4.
The prison administration does not seem to have set up any official system for monitoring
these recommendations, which explains why the CGLPL is struggling to get a detailed picture of
the measures taken to ensure their implementation.
Many of these recommendations concern improving the conditions in which prisoners are
taken in hand, either in human or physical terms. The CGLPL's findings are then shared by the
Government and there are no objections in principle to its recommendations. The obstacles to their
implementation are chiefly of a budgetary nature: the three main ones – which are elaborated on
incidentally in Chapter 1 of this report – being prison overcrowding, understaffing in prisons and
the dilapidated or cramped state of the facilities. To resolve them, the CGLPL cannot stress enough
the need to agree on a genuine budgetary priority for prisons. Once the financial means have been
unlocked, the issues regarding the right to an individual cell, personalised monitoring of
rehabilitation, access to activities and prison services, hygiene and access to healthcare, for example,
will, for the most part, be able to be addressed.
And yet other difficulties call for measures where the budget is not the only
issue. They require a shift in the way the role of prisons, the point of sentences
and the place of prisoners in society are perceived. On a certain number of
these points, the Government objects to the CGLPL's recommendations in
principle.
For example, the right to maintain family ties and preparation for rehabilitation call for
better consideration of technological progress, i.e. increased access to telephones and Internet in
particular, in compliance with the controls called for by institutional security and public order. On
these points the CGLPL upholds its recommendations despite the objections that the Government
has levelled in this regard.
The same applies, in general, to points concerning the proportionality of constraints
imposed on the prison population in the name of security. For example, as regards the search
doctrine, the security measures taken during prisoner movements for medical reasons or checking
of written documents other than correspondence.
Several examples along these lines can be found in Chapter 1 of this report.
Lastly, some of the CGLPL's recommendations are not objected to in principle, and can
even be approved of to a certain extent, without sufficient measures being taken to put them into
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