on the other hand, the imputation of this quota of permissions solicited on different legal grounds,
thus obliging the detainee to choose between maintaining his family bonds and participating in a
sports activity.
After being referred to the Contrôleur général, this practice was modified by separating the
permissions to leave for family reasons from other types of leave permits. The Contrôleur général
duly noted this, stating that whatever the circumstances, the principle of the individualisation of
the punishment and the right to maintaining family bonds must allow a certain flexibility in the
implementation of this practice of granting permissions to leave, especially if the situation of a
detainee who had already benefited from several days of permissions to leave justifies it.
6.1.2
Article 52 of the Prisons Act of 24 November 2009 and the respect of the
dignity of women
The attention of the Contrôleur général was drawn, multiple times, to the conditions in which
women were removed from prisons for medical reasons, and to the lack of compliance with the
provisions given in Article 53 of the Prisons Act dated 24 November 2009, according to which
“any delivery or gynaecological examination must be performed without restraints and without the
presence of the prison staff, in order to guarantee the right to respect of the dignity of detained
women”. The Contrôleur général therefore decided to bring three individual situations to the
attention of the director of the prison administration, in order to know her observations and
understand the measures that she intends to take to ensure that the legal provisions are applied by
the heads of the institutions, thus ensuring that the dignity of detained women will be respected.
In response, the director of the prison administration stated that security considerations
prevailed in managing the medical examinations of these three female detainees. Thus, she specified
that the presence of a female warder in the examination or treatment room was justified by the
setup of the rooms, which did not sufficiently guarantee the safety of the persons. She stated that
these situations are assessed case by case, according to the setup of the facilities and the level of
dangerousness of the detainees. Nevertheless, she informed the Contrôleur général that directives
have been drafted in order to re-specify the most suitable measures concerning the medical
examination of pregnant detainees or detainees undergoing gynaecological examination, in strict
compliance with the provisions of Article 52 of the Prisons Act dated 24 November 2009. The
Contrôleur général wished to know the state of progress of these directives and, if they were already
enacted, to obtain a copy.
The DAP drafted a notice dated 8 December 2015 for the interregional departments of
prison services, pertaining to the means of restraint and surveillance measures used during medical
examinations of pregnant women or women undergoing a gynaecological examination. It included
the rules applicable to the removal of detainees from prisons due to being pregnant or having to
undergo a gynaecological examination, namely the provisions of Article 52 of the Prisons Act of
24 November 2009. Finally, the DAP requested a strict application of these principles and
specifications, violations of which should result in appropriate disciplinary measures.
6.2
The difficulties identified within the framework of the cases referred
6.2.1
The renewal of the residence permits of detainees: the exclusion of people
placed in temporary detention or subject to short sentences
Pursuant to the terms of the inter-ministerial circular dated 25 March 2013 pertaining to the
procedures for the first issue and renewal of residence permits to persons of foreign nationalities
deprived of liberty, people in temporary detention or subject to short sentences (“the term of which
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