OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
Correspondence addressed to the medical staff must only be delivered
by the vaguemestre. Any mail from the UCSA or SMPR to prisoners is
always private and cannot be opened.
10/ Correspondence exempt from inspection (Articles D. 69 and
D. 262 of the Code of Criminal Procedure) may never be opened. If
such correspondence is opened in error, it should be closed according
to the procedure described in point 9 above. This requirement does
not apply when there is no external indication of the protected nature
of the correspondence. The number of errors of this type constitutes
an indicator of the quality of the vaguemestres' work.
From the point of view of correspondence, no distinction needs to
be made between administrative authorities referred to in Article
A. 40 of the CPP and the lawyer representing the prisoner in a trial.
Correspondence they send, or that is sent to them, should be treated
identically.
The register referred to in the last paragraph of Article D. 262
should be signed within 24 hours by the prisoner for each item of
correspondence received or sent. This formality is carried out under
the supervision of the vaguemestre.
11/ When correspondence is flagged for possible retention by the
vaguemestre, the final decision to retain it can only be made by the
head of the establishment or his assistant, specifically delegated for
this purpose.
12/ These rules, which the Contrôleur général has already observed in
some of the establishments it visits, and which should be systematised,
do not require any modification of the code in force, with the exception
of a new provision binding vaguemestres to secrecy.
13/ They should be applied as soon as possible, pending further studies
of methods to enhance the balance between security imperatives and
the secrecy of correspondence.
28
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents