Rooms and cells should therefore be equipped with shower rooms comprising as a
minimum a shower, a sink and a toilet, and be properly lit, as well as ventilated by means of
windows or, at the very least, sufficiently powerful controlled mechanical ventilation.
From this point of view, separate heating for this room is desirable. Moreover, respect for
privacy requires that the interior of these bathroom facilities should neither be visible from
the peephole nor from the small window of the door, nor by medical or surveillance staff –
who may enter the room in an untimely manner at any given moment – on entering the
room. It therefore needs to be possible to close off the shower room itself by means of a
full door.
1.2.2 Protection from the View of Other People
Deprivation of liberty, on whatever grounds, falls within the bounds of personal life and is not to
be revealed to third parties. Yet, the organisation of the premises catering for the person, the
procedures that they undergo there and the routes of access that they follow do not always, as
such, protect them from the view of third parties not entitled to obtain knowledge about their
situation.
Dedicated Routes of Access
Persons deprived of liberty and the escorts that accompany them in the secure rooms and
medical jurisprudence units of general hospitals follow the same routes of access as other
patients. Yet, these persons are often handcuffed and even leg-cuffed and are still too often
exposed to public view in this accoutrement while crossing reception halls and waiting rooms,
since they do not have the benefit of a specially-reserved route of access. More specifically,
prisoners brought in from penal institutions are often catered for in the midst of other patients in
hospital emergency departments.
Similarly, in some cases, the offices in which persons held in police custody are
questioned are far from secure area. If the offices of the unit are located in an adjoining building
or in a place outside of the secure area, the transfer of persons deprived of liberty has to take
place using a non-dedicated route of access, in public view. The taking of fingerprints is
sometimes, in gendarmeries in particular, carried out in the reception hall for the public or in a
corridor when an ad hoc room is lacking. In order to carry out these movements in complete
security within the building, persons in police custody, under the supervision of escort staff,
sometimes move around with handcuffs or leg-cuffs. Their access routes are then liable to be the
same as those used by victims.
With regard to the jails of courts of first instance (TGI), it was noted that persons
appearing before a judge use the same staircase as the public in order to get to the courtroom or
go through the public lobby, in public view and sometimes handcuffed. One law court in the
West of France, split into two parts, obliges minors to be taken across a public highway under
escort.
Seclusion rooms intended for agitated patients are not always directly accessible from the
outside by means of a separate entrance. Patients taken there, sometimes in an intense state of
agitation justifying their placement, cross through the unit in front of the other patients.
Not only does this forced exposure infringe upon their dignity but also upon the
confidentiality of their situation.
In hospitals, provision should be systematically made for a specific route of access,
exclusion in a cubicle with wheels and location of the secure room near to the technical
support centre.
137
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