much rarer. The hydraulic press policy therefore prevails: bulky budgets are squeezed until they become as flat as a board, without showing too much concern for the point of what becomes of the excess (certainly not an increase in surface area…). In short, a kind of article 40 of the Constitution has henceforth become an integral part of the personality of each public servant. Thus the living conditions of persons deprived on liberty deteriorate, as well as the working conditions of those in charge of them. One might consider that this gives cause for satisfaction. One would be mistaken. It goes without saying, security is an essential consideration for all action on the part of the authorities. Dyed-in-the wool actors (that is to say since 1995, the date at which the right of security – which is not the right of security of the Declaration of the Rights of Man and of the Citizen of 1789 – was included in interior law) and new converts stress this point: there can be no measures which weaken security, or above all, which appear to weaken it. Since it is difficult to gauge either the direct or indeed the indirect effects of a given measure in relation to “rises” (or falls) in the rate of crime. The latter is easily circumscribed to individual data concerning sex, age, level of wealth (or adversity) and family situation. Moreover, causal links with government decisions are tenuous, or even unpredictable. But little matter, it is thought necessary to keep to the tried and tested pedagogy of display of muscles. Measures therefore have to be found which are bound to convince, from the moment that they are not exposed to criticism on the basis of any of these “obvious facts”. The Contrôle Général has been putting forward proposals of this kind for almost six years. Admittedly, not all of its recommendations are of this kind: some of them are even costly. However, a considerable number of its proposals meet the conditions. To legislate? This means overlooking that the law cannot do everything, as perfectly illustrated by the example of the Prisons Act of 24th November 2009, of which the practical effects in prison are slow to take shape92. Or rather, legal provisions, which the trembling hand amends, come up against numerous texts, instructions and memoranda of all kinds, as well as deeply-rooted practices, entrenched habits and different institutional cultures, which it is incumbent upon the authorities to change with a firm hand. Spending? Among these measures, some cost very little or nothing. This involves taking a different approach, with the same means and the same staff and even, if possible, consolidating officials’ interests, and increasing their productivity in the process. It means, handling persons deprived of liberty in a more dignified manner, reducing tensions, and therefore facilitating change and return to normal life (that is to say without recidivist behaviours) on release. Undermining security? Who would be so excessive as to be in favour of insecurity? Security is clearly a common good and the principle thereof is not in dispute, but rather the means of achieving it. In this respect, it has indeed often been shown in these reports that responses to requirements in this regard comprised improvisations, inappropriate responses and wholly irrational choices. Everybody has a right to security, including the staff of places of deprivation of liberty, whose profession is difficult. However, this right is not solely ensured by the thickness of the walls and the strictness of the discipline. It also requires respect for human dignity, through equal consideration for all and patient and multiple dialogue. During a period of deprivation of the liberty of a person, which is by its nature a trying time, each person should not only feel responsible for what takes place (or does not take place) during this period, but also for what will happen afterwards. For several years, in its Annual Reports, public opinions and reports, and inspection reports, the Contrôle Général has emphasised the measures which appear to it to be necessary and 92 Cf. section 4 below concerning the implementation of this Act. 81

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