OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
2/ The inventory of items confiscated from people placed in custody
or held for sobering-up is signed upon arrival by a police officer but
not by the person being held. The reasons invoked – that the arrested
person is usually intoxicated or seeking to “avoid making things
worse” – are not deemed acceptable because of their overly general
character that excludes an individualised case-by-case assessment.
We recommend that, unless it is absolutely impossible (in which case
the police officer will then take note of it), people should sign an
inventory of items confiscated from them upon their arrival in custody
or for sobering up, so that, once released, they will be able to verify
the accuracy of what is returned to them.
3/ Conditions for meetings with lawyers and examination by doctors
cannot be significantly improved by the simple fact that the building
will soon be “refurbished.”
Respect for detainees’ rights to defence and health necessitates a
comprehensive review of the design and layout of the current facility.
4/ Medical examinations are carried out by GPs in the framework
of an agreement signed with “SOS-médecins” (an on-call mobile
medical service); the different doctors involved do not perform the
examinations consistently.
The elements of the medical examination and the professional
practices utilised must be made consistent. In particular, training
must be implemented for GPs who intervene in the custody cells and
sobering-up cells, building on the recommendations of the consensus
conference on that subject held on 2nd and 3rd December 2004.
5/ Financial responsibility for medicine, in the case of people who
are unable to pay or who do not have national health coverage, is
handled by the operational management service of the Besancon
police station on a specific budget line.
It would be useful to apply this solution more broadly, in view of
difficulties observed in some places related to the abandonment of
financial responsibility for medicine by the courts since the entry into
force of the Organic Law Governing Finance laws.16
16
30
Loi d’orientation relative aux lois de finances, French organic law n°2001-692 of
1st August 2001 on financial laws: http://www.legifrance.gouv.fr/affichTexte.do?cidT
exte=JORFTEXT000000394028 (in French).
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