2. Look back at the fundamental rights violations already denounced by the CGLPL Ever since it was first founded, there have been subjects on which the CGLPL has refused to back down on, in its role to prevent violations of the fundamental rights of persons deprived of liberty. For others, the authorities' or lawmakers' responses, slow-coming though they may be, are eventually forthcoming. Below are listed certain subjects that have already been raised in previous reports. A solution has been found to some of them in a legislative reform, others are still awaiting referral by the authorities. 2.1 Renewal of residence permits of foreign prisoners: the exclusion of people placed in temporary detention or subject to short sentences In its 2015 annual report, the Chief Inspector indicated that it had called on the Prison Administration Department and General Directorate for Foreigners in France to give their observations on the exclusion of people placed in temporary detention or subject to short sentences ("the term of which pronounced by the sentencing authority is equal to or less than three months") from the scheme whereby foreign nationals can obtain the delivery or renewal of their residence permit by post, pursuant to the interministerial circular of 25 March 2013 pertaining to the procedures for the first issue and renewal of residence permits to persons of foreign nationalities deprived of liberty. In reply, the General Director for Foreigners in France confirmed that untried prisoners and prisoners convicted to prison sentences shorter than three months were excluded from the scope of the circular on the grounds that they can carry out their formalities with the prefecture as soon as they are released and that postal processing of applications passing through the prison could hold up the steps taken by the prisoners upon their release. Furthermore, it pointed out that the prefecture and prison departments were unable to anticipate the release of untried detainees. The Chief Inspector considers this exclusion to constitute unequal treatment between prisoners as it prevents people whose residence permits expire at the start of their imprisonment to renew them by post. Instead, upon their release they must submit their application as if it were their first one, with a great deal more red tape involved. Regarding prisoners who are imprisoned for more than three months, the General Director for Foreigners in France eventually urged the prefects to authorise the examination of their residence permit delivery and renewal applications, something which such prisoners did not benefit from before. Although the Chief Inspector welcomes this decision, it cannot accept that the authorities can allow prisoners to remain without a residence permit: this is at odds with the provisions of Article L.311-1 of the Code for Entry and Residence of Foreigners and Right of Asylum (CESEDA), according to which all foreigners must be in possession of a residence permit to remain on French soil. The Chief Inspector's position in this regard has been sent to the competent authorities. 2.2 Night rounds or disturbing the sleep of prisoners Following regular referrals on the frequency and terms of execution of night rounds within prisoners, the Chief Inspector felt compelled to draw the Prison Administration Department's attention to this matter in September 2015, and to raise it in its 2015 annual report. 73

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