2.2.3
On-site verifications
Pursuant to the second paragraph of Article 6-1 of the amended Law dated 30 October 2007
instituting the Contrôleur général of places of deprivation of liberty, “Where the facts or the situation
brought to his attention fall within his jurisdiction, the Contrôleur général of places of deprivation of liberty may carry
out visits, where necessary, on-site”. The on-site verifications are conducted by the inspectors in charge
of the referred cases.
Taking into account the time required for training the two new inspectors in charge of
referred cases (who arrived in March and April respectively) and the objective of reducing the time
taken for handling the referrals, it was not possible to significantly increase the number of on-site
verifications even though the CGLPL conducted two more of them as compared to the previous
year.
Thus, from January to the end of November 2015, the CGLPL conducted seven on-site
verifications, all of which were conducted without prior notice. The Contrôleur général
participated in one of them.
For the first time, three on-site verifications pertained to persons placed in
administrative detention; in fact, one of them lasted until the persons
concerned boarded their plane for deportation; the second one consisted of
observing the methods of treatment of persons placed in custody or in
administrative detention for verifying their right of residence until they were
placed in administrative detention and until they arrived at the administrative
detention centre. The latter on-site verification resulted in publishing the
emergency Recommendations dated 13 November 2015 pertaining to the
collective transfers of foreign nationals taken in for questioning in Calais.
The Contrôleur général delegated two to three inspectors to conduct the on-site
verifications under the following circumstances:
- In keeping with the line of thought of the CGLPL on this theme and the on-site
verifications that were already complete, three inspectors visited a detention centre in order to
observe the methods of assistance provided to older detainees and/or dependents in daily
life. In fact, during the visit to the institution in 2009, it was noted that detainees who were
handicapped, older or had difficulties in terms of independence were assigned to cells located on
the ground floor of the two detention buildings; they benefited, pursuant to an agreement
established for this purpose, from the intervention of professional assistants in accomplishing the
tasks of daily life. However, the CGLPL was informed that this presence of external assistants and
professionals was no longer assured and that the general department assistant, who was in charge
of this task, behaved inappropriately with these vulnerable people. After the on-site verification
and before drafting the report, two letters were addressed to the Chairman of the General Council
and the Director of the Hospital of Riom, respectively, asking for additional information on the
reason for why the agreement pertaining to taking care of the dependence of the persons detained
in the detention centre, concluded in 2013, was not implemented, and asking for the alternative
solutions developed to ensure an effective assistance for the detainees. The final report is being
drafted.
- The Contrôleur général was informed of the existence of a document titled “Confiscated
letters”, mentioning that all inward and outward letters, including those from lawyers and the
authorities, for two Basque female detainees, should be “blocked”: “block all incoming and outgoing letters
(including letters from lawyers and the authorities), and give them to the head of the QF”, with the grounds for
the confiscation being “EMS 3, Basque DPS” and “Basque monitoring”. With extra care being taken
to respect the confidentiality of the correspondence between her services and the detainees,
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