medical examinations. Interviews and medical consultations take place in
the office belonging to officer in charge of investigations, the premises
reserved for searches or in the cell. This situation is not acceptable.
Medical consultations for persons placed in police custody should be carried
out under confidential conditions enabling the compatibility of the police
custody measure to be determined.
Interviews with lawyers should take place in a room which is insulated with regard to sound,
in order to guarantee the confidentiality of the comments exchanged, devoid of video
surveillance and separation devices, which place the parties to the interview further apart
and, if necessary, oblige them to raise their voices.
In psychiatric hospitals, no specific place is provided for interviews between patients and
their lawyers.
In most courts, there is no office near to the jails enabling persons transferred from
custody and brought before the courts, to have interviews with counsels and personality
investigators.
In old and cramped prisons, visiting rooms for lawyers are often premises shared with
other actors – prison visitors and representatives of social bodies214. In addition, the location and
arrangement (lack of sound insulation) of these premises do not always protect the confidentiality
of the interviews held in them.
In all places of deprivation of liberty in which they have occasion to assist persons staying
therein, lawyers and doctors should be able to have separate premises at their disposal
ensuring the confidentiality of interviews and consultations.
Finally in application of article 42 of the Prisons Act, the documents mentioning the
grounds for the prisoner’s committal should be compulsorily entrusted to the registry at the
time of their arrival. Accordingly, as long as these provisions remain unchanged215, it is
important for prisons to place premises at prisoners’ disposal, in which they can consult
these documents under satisfactory conditions of confidentiality.
2. Architecture and Socialisation of Prisoners
For convicted prisoners, custodial sentences should have a meaning: they need to
reconcile the protection of society, punishment of the convicted prisoner and the interests of the
victim with the need to prepare the prisoner's integration and rehabilitation in order to enable
them to lead a responsible life and prevent the commission of new offences216. Moreover,
rehabilitation of this kind is the sole vocation of certain types of penal institution: thus “open
prisons and open wings within prisons, as well as reduced sentencing training prisons and wings
for reduced sentences, involve a regime essentially oriented towards the social rehabilitation and
preparation for release of convicted prisoners”217.
Throughout the duration of placements in young offenders’ institutions (CEF), minors
are subject to measures of surveillance and control making it possible to organise the provision of
214
Annual Report for 2010, Section 3, L’exercice des droits de la défense en prison ["The Exercise of Defence Rights
in Prison"] (p.153): “Il est nécessaire de prévoir l’aménagement de locaux dédiés aux entretiens avec les avocats”
[“The Need to Provide for the Organisation of Premises Dedicated to Interviews with Lawyers"].
215
Opinion (Avis) of 13th June 2013, Journal Officiel of 11th July 2013
216
Article 1 of the preliminary part devoted to the "meaning of custodial sentences" of the Prisons Act no. 2009-1436
of 24th of November 2009.
217
Cf. article D. 72-1 of the Code of Criminal Procedure.
139
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