Urgent recommendations of 12th November 201282 concerning the Baumettes remand prison in Marseille 1/ When the Contrôleur général des lieux de privation de liberté (CGLPL) is aware of any serious violation of the fundamental rights of persons deprived of their liberty, article  9 of the law of 30th  October 2007 authorises him to send his observations forthwith to the competent authorities and to demand that answers be provided.83 On receipt of the response, he determines whether the said violations have ceased; he then publishes his findings and the responses obtained. Using this emergency procedure, which he is using for the second time, the Contrôleur Général publishes his recommendations, as follows: 2/ In effect, the findings from the team of some twenty inspectors that visited the Baumettes remand prison in Marseille between 8th and 19th  October remove any doubts that there have been a serious violation of fundamental rights, particularly in regard to the obligations on public authorities, laid down in the applicable laws, to ensure that no prisoner is subjected to any inhuman or degrading treatment. As a result of these findings, the Contrôleur Général was granted a meeting, at his request, with the Minister of Justice on 16th  November 2012; he asked the Minister to issue her comments, before the 4th December 2012, concerning the documents which he presented to her and, in particular, concerning this current report. In parallel, in a letter dated 12th November, the Contrôleur Général sent the same findings to the Minister of Health and Social Affairs, asking for a response by the same date. 3/ It goes without saying that the usual procedure, involving the drafting of an exhaustive report by the inspectors, is following its usual course and this report will be submitted to the appropriate ministers to benefit once again from their observations. It will be made public at the end of the due process. Published in the Journal Officiel de la République française of 6th December 2012, text n°123. 83 Emergency procedure under §2 of article 9 of the French law n°2007-1545 of 30 th October 2007 establishing a Contrôleur général des lieux de privation de liberté: http://www.cglpl.fr/wp-content/uploads/2009/04/Loi_CGLPL_EUK-v.pdf 82 141

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