places of deprivation of liberty gives dispensation, ministers are to make observations in response
within the time limit provided, which may not be less than one month. These comments in
response shall then be attached to the visit report drawn up by the Contrôleur général.
If he observes a serious infringement of the fundamental rights of a person in custody, the
Contrôleur général of places of deprivation of liberty shall promptly notify the competent
authorities of his observations, shall give them a period within which to respond and, at the end of
this period, shall determine whether the infringement notified has ceased. If he deems necessary,
he shall then publish the contents of his observations and the responses received.
If the Contrôleur général becomes aware of facts suggesting the existence of a criminal offence, he
shall promptly bring it to the attention of the Public Prosecutor, in accordance with Article 40 of
the code of criminal procedure.
The Contrôleur général shall promptly bring to the attention of the authorities or persons having
disciplinary powers any facts that might lead to disciplinary proceedings.
The Public Prosecutor and the authorities or persons invested with disciplinary powers shall inform
the Contrôleur général of places of deprivation of liberty of the action taken in relation to his
procedures.
Article 9-1
Created by Law no. 2014-528 dated 26 May 2014 - Art. 8
Where requests for information, documents or comments made on the basis of Articles 6-1, 8-1
and 9 are not acted upon, the Contrôleur général of places of deprivation of liberty may serve
notice on the parties concerned to respond within a time limit which he shall set.
Article 10
Amended by Law no. 2014-528 dated 26 May 2014 - Art. 6
Within his field of competence, the Contrôleur général of places of deprivation of liberty shall issue
opinions, make recommendations to the public authorities and propose to the Government any
amendment to applicable legislative and regulatory provisions.
After having informed the authorities responsible, he may publish these opinions,
recommendations or proposals, as well as any observations made by these authorities.
Article 10-1
Created by Law no. 2014-528 dated 26 May 2014 - Art. 7
The Contrôleur général of places of deprivation of liberty may send to authorities having
responsibility, advisory notices on construction, restructuring or rehabilitation proposals relating
to any place of deprivation of liberty.
Article 11
The Contrôleur général of places of deprivation of liberty shall submit an annual activity report to
the President of the Republic and to Parliament. This report is published.
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