the works manager, that they had had the benefit of three temporary releases for the “maintenance of family ties” and “social rehabilitation” in the institution in which they were then accommodated and five temporary releases in their previous institution without any incident ever having been reported, a fact which very clearly casts doubt upon their dangerousness. This practice, which is manifestly contrary to the law, is a consequence of the permanent fear of escape, as recalled in the Report of the Contrôle Général for 2012111: At the time of removals from prison in order to go to hospital, the Contrôleur Général once again recommends use of means of physical restraint that is strictly proportionate to the risk presented by the persons concerned and enables respect for their dignity as well as equal access to healthcare. 2.5 Searches, a source of tensions The application of article 57 of the Prisons Act has also provided a striking example of absence of change in professional practices in the prisons administration in spite of the changes intended under the law with regard to searches112. The prisons administration has not been in a position to promote these legislative changes among its personnel. Due to its inertia, it has encouraged the professional organisations to call for the abrogation of article 57 of the Prisons Act. In view of this situation, prisoners and their lawyers have brought cases before the administrative courts in order to dispute systematic searches. The case law of the administrative courts has of course consistently condemned practices consisting of getting around the law and decisions of the prisons administration have regularly been set aside113. In order to bring this situation to an end, in a note of 11th June 2013, the director of the prisons administration recalls that the minister of Justice has stated that article 57 of the Prisons Act will not be amended and gives the following instructions to heads of institutions: “To withdraw memoranda and provisions of rules and regulations concerning the prison population as a whole, prescribing systematic strip searches on leaving visiting rooms; To implement frisk searches and the use of electronic means of detection in this sensitive area of prisons.” In the same note, the director of the prisons administration also specifies that 282 new metal detector frames and 393 magnetometers will be provided to institutions that are not yet equipped. He also states that a new circular will be issued in order to specify the question of means of control of prisoners, in particular with regard to the conditions under which searches of prisoners are to be conducted on leaving visiting rooms. There are no plans to issue this circular in the course of the next few months. On this specific question of searches, the intentions of the legislature have therefore been slow to come into practice. In the coming months, the inspectors will set out to examine the consequences, within institutions, of the central administration’s late adoption of this position. 111 P. 52-60. Cf. Annual Report of the Contrôle Général for 2011, pp. 238-256. 113 Cf. most recently the order (ordonnance) of the judge of French Council of State with power to hear urgent applications (juge des référés du Conseil d’Etat), no. 368 816 of 6th June 2013, Section française de l’observatoire international des prisons, à ment. aux tables du recueil. 112 91