The Minister specified that reminders are regularly given to the police services and that all measures of restraint are recorded in the daily register, controlled by the hierarchy. As regards the security measures implemented in secure rooms, the Minister stated that they are exclusively applied on the request of the healthcare staff and, in all cases, always with their agreement. The Minister of Social Affairs, Health and Women’s Rights sent her observations by a letter dated 10 July 2015. As regards the recourse to removals from prison for medical reasons, the Minister stated that the institutions are faced with recruitment difficulties; thus for certain specialities such as dermatology, the development of telemedicine would be preferred over specific recruitments, the implementation and finding conditions of which are being drafted. The protocol signed between the healthcare and penal institutions allows drafting procedures aiming at coordination and the reciprocal informing of teams. Reminders are still given to the staff in charge of the surveillance during removals from prison for medical reasons. Two regions (Ile-de-France and Midi-Pyrénées) have benefited from focused support in implementing telemedicine, and an evaluation was conducted. Currently, approximately 25 telemedicine projects in prison environments are underway, since telemedicine constitutes a key factor in improving access to healthcare and allows better coordination of healthcare. The Minister stated that the healthcare professionals are committed to always maintain medical privilege and the confidentiality of the treatment. She also stated that the updating of protocols between the penal institutions and the healthcare institutions allowed redefining their terms of functioning of secure rooms; the drafting of the conventions for using secure rooms is in progress. An awareness-raising campaign for medical supervisors of the healthcare units on providing information to detainees on their hospitalisation conditions shall be conducted by officers of the regional health agencies (ARS). To date, the Contrôleur général has not been sent the updated protocols or the conventions for using secure rooms. It shall endeavour to verify, during the visits to these facilities, the effective implementation of the commitments of the Minister of Social Affairs. 2.3 Opinion dated 5 February 2015 concerning preventive detention On 5 November 2015, the Contrôleur général published an opinion concerning preventive detention in the Journal officiel. It was sent to the Minister of Justice as well as to the Minister of Social Affairs and Health, who were given a period of one month to reply. In an earlier Opinion dated 6 February 2014 pertaining to the implementation of preventive detention, the CGLPL recommended that clarifications should be made on the nature of the regime applicable to this measure and that improvements should be made in the treatment of people placed in the secure socio-medical-jurisprudence centre (CSMJS) of Fresnes. He also called for a reflection on the soundness of a deprivation of liberty being applied to people ignorant of the obligations of a preventive surveillance with respect to the principles of criminal law. The absence of any developments in this measure, the execution of a second visit of the CSMJS in October 2014 as well as the study and monitoring of individual dossiers of the people placed there have led the Contrôleur général to once again pronounce on this practice, on its terms of implementation and on the very foundation of this measure. The CGLPL observed an absence of activity for the people placed in CSMJS due to the de facto solitary confinement situation of the detainees, the absence of any specific educational, professional or socio-cultural project, and the absence of a medical and psychological examination. Moreover, he stated that the functioning of the CSMJS was not very different from that applied to detainees in penal institutions. 48

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