PROTECTION OF PROPERTY (OPINION) §12 In the case of emergency hospitalisations, the administration must have the prisoner sent the items he/she needs for the hospital stay as must be indicated in advance by the hospital (according to a list that should be included in the facility's internal regulations); measures must be taken to protect property remaining in the cell (for example, in the form of an inventory not in the presence of both parties, but in protected packaging, in the locker room). The same applies when the cell the prisoner occupied is not retained for his/her return. §13 Prisoner queries issued in the case of loss, destruction or damage to property in connection with a transfer are the sole responsibility of the dispatching facility (possibly with the help of the receiving facility). As an exception, if the transfers are made by the penitentiary administration's National Transport Service (SNT), it shall be this service's responsibility. §14 Loss, destruction or permanent damage of property should result in a simple and fast compensation procedure at the current value on the date of the event, established by any means, in particular by using the joint inventory prepared prior to the move (therefore without a requirement for proof of purchase, which are often impossible to produce). This compensation is paid by the penitentiary administration (unless proof is established that the loss was sustained through a cause for which it is not responsible and except for property entrusted to a private company for care or transportation) within the possible limits of a maximum flat-rate sum that should, however, cover the vast majority of situations. §15 In the future, a study should be conducted regarding the possibility of substituting washable baggage or cases made of resistant and material (without key lock but with "seals") for the boxes currently in use. However, baggage of this type (and possibly assistance in their transport) should be brought into service from now on for the recovery by family members of personal belongings of prisoners who have died in custody. In addition, thought should be given to renewing the data concerning the problem of transporting the property of transferred prisoners. Currently assigned to various departments or private transports, it could be assigned exclusively to an extended national transport service, including at least prisons that are indeed major prisoner orientation centres and central prisons. 45

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