In court jails, despite several satisfactory observations, the Contrôleur général regrets the
continued existence of poorly maintained and often very small rooms, which does not contribute
to appeasing the detainees, as well as that of washrooms that do not allow maintaining the privacy
of those who use them and which are sometimes not sufficiently clean. Even worse, the absence
of washrooms in the jails sometimes forces the detainee to travel to common washrooms along
with his/her escort. Hygiene is not always maintained in these places. This situation must be
improved.
6.2
The hierarchical visit of places of deprivation of liberty and the
conditions of execution of confinement must be developed; in this
respect, the appointing of officers specifically in charge of ensuring this
and a satisfactory traceability are two ways through which this can be
ensured
In the national police, the police custody officer is in charge of ensuring the execution of the
hierarchical visits conducted on the custody cells; this function will improve the effectiveness of
the rights. However, the function is not sufficiently identified and the associated responsibilities
have not yet been fully taken into account. Specifically defining the role of the police custody officer
in the job descriptions or internal memos and improving the training of the law enforcement
officers in their role would allow this function to be better implemented.
In the customs department, appointing a referral officer would allow the
physical conditions of deprivation of liberty to be taken into account.
Generalising such an apparatus does not seem to a very difficult task.
In court jails, the frequent absence of occupancy registers or the fact that they are not
updated hinders the traceability of inbound persons, the duration of their stay and the enforcement
of their rights. Therefore, it is impossible to verify the existence of an effective oversight of the
legal and hierarchical authorities concerning the rights of detainees and the condition of the jails.
6.3
A continuous monitoring of people deprived of liberty must be ensured
properly in the facilities of the gendarmerie
In the gendarmerie services, there is often no night-time surveillance of the persons in custody: no
visual or auditory surveillance is continuously present, and there is no call button, intercom or
CCTV system. The gendarmes themselves express their uneasiness with this situation, since they
can be held personally responsible for this source of concern.
The only truly satisfactory formula that could guarantee the safety of the persons and
protect the responsibility of the law enforcement officers is to place the persons in custody in
facilities that are continuously under surveillance. In the meanwhile, the traceability of the nocturnal
surveillance measures of people in custody must be systematically ensured, as provided by the
inconsistently applied directives of the Central administration of the French national gendarmerie
(DGGN).
6.4
Transporting people deprived of liberty in public areas or in places open
to the public must be organised such that the former are not exposed to
the sight of third parties
Within the facilities for the deprivation of liberty, as well as in the area used to access them, separate
routes must be used every time possible to ensure that the captives do not encounter the public.
37
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents