the issues resulting from these shortcomings; after the inspection she may have been able to take
the first corrective measures.
At the CEF of Hendaye, the dangers at the time of the inspection were of a far more
material nature, threatening the children’s health and placing them in danger of physical injury.
On the one hand, at the time of their on-site investigations, the inspectors discovered
meat that was several months past its use-by date in the institution’s freezers. It is impossible to
assert that this meat could have been eaten, but proof of the contrary was obviously not
provided. A real risk therefore existed.
On the other hand, pedestrian access to the institution is not possible in a manner
ensuring safety. Although children accompanied by tutors could therefore enter the institution by
car, via a roadway prohibited to walkers (because lacking the corresponding areas), they can only
leave and return to the institution by crossing the railway (and tramway) lines that connect France
and Spain, at their own risk. It is well known that adolescents in young offenders’ institutions
tend to run away, often for short periods (to buy cigarettes etc.). The layout of the premises
exposes these children to risks above and beyond those usually incurred in leaving an institution
without authorisation from the team of youth workers. It is obviously not enough to assert that,
in leaving an institution without permission, children are defying a prohibition and therefore do
so at their own risk.
The fundamental right to life means that appropriate measures need to be
taken in view of the usual behaviours observed in such places. In other
words, respect for fundamental rights is an extremely realist consideration.
This spirit constitutes the foundation of the Contrôle Général’s action.
1.2
The three Opinions Published in 2013
This refers to three documents made public according to the ordinary procedure under article 10
of the Act of 30th October 2007. One is concerned with psychiatric institutions and the other two
with prisons.
1.2.1
Discharge from Units for Difficult Psychiatric Patients1
In the course of their inspections of units for difficult psychiatric patients2
(two had been inspected at 31st December 2013), it came to the attention of
the inspectors that, while there are sometimes issues of waiting time as far
as admission to UMDs is concerned (due to availability of beds), discharge
is often an equally sensitive matter.
This is not attributable to the illness. Contrary to generally accepted preconceptions,
under appropriate treatment, the illnesses suffered by many UMD patients undergo a process of
change, and the danger that they may have presented to themselves and others at a given stage of
their condition is abated or disappears3. There is therefore no longer any reason for these patients
to remain in units which are no longer suitable for them, and are moreover often far from their
places of residence, and they should return to their treatment institution of origin, after a
Journal Officiel of 5th February 2012, text 0030.
Units for difficult psychiatric patients or UMD (Unités pour malades difficiles) are hospital units catering for
patients suffering from mental illnesses, whose violent state has led to their being judged undesirable in ordinary
psychiatric units.
3
Thus in 2011, in the UMD of Montfavet, the average length of stay in the unit showing the longest stays (Les
Tilleuls) was 170 days. In Cadillac, in 2010 the number of admissions to the UMD was equal to the number of
discharges: forty-eight (for a capacity of forty-six beds).
15
1
2
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