pronounced by the sentencing authority is equal to or less than three months”), are excluded from
the procedure allowing foreigners to renew their residence permit via post, and are asked to present
themselves to the prefecture on their release. Thus, these people cannot benefit from access to
welfare rights (disabled adult allowance, personalised housing allowance, etc.) that they could have
claimed, since they are no longer in a legal administrative situation.
The CGLPL therefore called on the prison administration as well as the general directorate
for aliens in France in order to collect their observations, pursuant to Article 6-1 of the amended
Law dated 30 October 2007 instituting the Contrôleur général of places of deprivation of liberty. Considering
that certain people can be placed in temporary detention for several years, the Contrôleur général
wished to know the reasons for excluding remand prisoners from the provisions implemented by
the circular.
As regards the sentenced people, given that applications for renewing
residence permits submitted less than two months before the expiry of the
current permit are examined according to the procedure related to initial
applications, it appears essential that the people, whether they are incarcerated
for long or short sentences, should be allowed to comply with the periods
granted to them to sort out their administrative situation. The Contrôleur
général therefore wished to know the possible solutions to ensure that people
subject to short imprisonment sentences are able to benefit from an equal
treatment as regards access to welfare rights.
On the day this report was drafted, the Contrôleur général had not yet received a reply.
6.2.2
Night rounds or disturbing the sleep of detainees
The Contrôleur général was regularly informed on the frequency and terms of execution of the
night rounds to which people placed under specific surveillance were subject.
As regards determining the frequency of the rounds, the European Committee for the
Prevention of Torture (CPT) has already pronounced, deeming that waking up detainees at night,
which was reported to occur “every hour by [the] warders who switched on the lights in the cells”,
is a measure that “risks having harmful consequences on the health of the detainees concerned”.
As regards the people subject to a specific surveillance due to their suicidal
tendencies, the Contrôleur général has already indicated, in his activity report
2010, that “the people subject to special surveillance at night (risk of suicide),
i.e. rounds that include frequent checks through the peepholes, are forced,
when the light is switched on, to show that they are still alive (e.g. lift a hand);
this measure is so contrary to what is needed (the person remaining tranquil),
that several warders spontaneously refrain from carrying out this duty, which
naturally wakes up the sleeper frequently”. It was therefore recommended for
the practices to be harmonised “in order to protect sleep, even at the cost of
a less effective surveillance”.
A notice of the DAP dated 31 July 2009 pertaining to the definition of the methods of
specific surveillance of detainees recommends four rounds every night, with a gap of three hours
between rounds. Nevertheless, a notice dated 29 April 2014 pertaining to the prevention and
management of incidents states that the night service must include at least four rounds, with
peephole checks, for people placed under specific surveillance, without any specification on the
gaps between rounds. After this notice, certain directors set up rounds every two hours, violating
the aforementioned notice dated 31 July 2009.
62
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