Chapter 3
Actions taken in 2017 in response to general
inspection reports, recommendations and opinions
1. Methodological introduction
1.1
The procedure
Act no. 2007-1545 of 30 October 2007 establishing a Contrôleur général des lieux de privation de
liberté (Chief Inspector of places of deprivation of liberty) authorises the latter to submit to the
Government diverse types of comments, opinions and recommendations. Accordingly:
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s/he shall make "recommendations in relation to the facts or situations in question to the
person responsible for the place of deprivation of liberty" and may make these public when
s/he conducts inspections in response to case referrals (Art. 6-1);
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s/he shall "inform the ministers concerned of his/her observations regarding, in particular,
the state, organisation and operation of the site visited, and also the condition of the persons
in custody", following each institutional inspection (Art. 9 para. 1);
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s/he shall "promptly notify the competent authorities of his/her observations" if s/he
observes a serious infringement of the fundamental rights of a person in custody (Art. 9
para. 2);
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s/he shall "issue opinions, make recommendations to the public authorities and propose to
the Government any amendment to applicable legislative and regulatory provisions" within
his/her field of competence and publish these opinions, recommendations or proposals (Art.
10);
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s/he "may send to authorities having responsibility, opinions on construction, restructuring or
rehabilitation proposals relating to any place of deprivation of liberty" (Art. 10-1).
Moreover, pursuant to Art. 21 of the Act of 20 January 2017 conferring general status on
independent government agencies and independent public authorities, s/he "shall, before 1 June every
year, submit an activity report to the Government and to Parliament, providing an account of the
performance of its mission and its resources. […] This report shall be published".
Pursuant to these provisions, since 2008 the CGLPL has submitted to the Government
recommendations specifically concerning each institution visited, emergency recommendations
published in the Journal officiel (Official Gazette) also concerning the institutions identified, as well as
thematic opinions and general recommendations set out in the CGLPL's annual reports. In order to
assess the impact these recommendations have had on the fundamental rights of people deprived of
their liberty, they need to be monitored at periodic intervals.
The CGLPL's 2016 annual report gave an account of the monitoring of all the general
recommendations submitted to the Government from 2008 to June 2014, during the term in office of
the first Chief Inspector. From then on, annual monitoring of the CGLPL's recommendations was
organised systematically, three years after these were issued.
From 2017, this monitoring will now be carried out annually.
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