USE OF TELEPHONES (OPINION)
one hand, the only regulation of telephone use (other than the rarely
implemented call duration) is the one established between prisoners:
the weakest among them therefore are far less likely (if at all) to have
access to the telephone than others. On the other hand, there can be
significant pressure from fellow prisoners to use the telephone to dial
numbers that have not been previously approved. Finally, confidential
conversations are not possible.
In institutions where the telephone is installed in the passageways,
no additional precautions are taken to preserve confidentiality with
respect to third parties. In detention centres with an "open" cell
regime, telephones are often installed near the gate that closes off
the passageway, where prisoners are most inclined to congregate.
This configuration also facilitates all forms of pressure.
Respect for private and family life necessitates, on the one hand,
stopping the practice of installing telephones in exercise yards or
collective rooms; and on the other hand, constructing veritable phone
booths - as is already the case in some institutions - which enable
conversations to remain private from other prisoners, as the Contrôleur
général has already underlined in several recommendations.
4/ The number of telephone numbers approved by the administration,
based on requests from the prisoners concerned, varies from one
institution to another despite its establishment in a memorandum
from the director of the prisons administration dated 29th October
2009. It would be highly desirable, subject to the necessary approval
for each, that this number be standardised, otherwise, in the case of
transfer, the prisoner may have to relinquish calls to certain persons.
Furthermore, this number cannot be too small without compromising
the scope of the principle set out in article 30 of the Penitentiary law.
5/ Certain obstacles to telephone authorisation raised by the
procedures currently in place must be removed. There is thus no
reason that the authorised recipients of calls should be those with
visiting permits (in fact there are grounds for the contrary): this is not
provided for in the legislation. Furthermore, in all cases authorisation
cannot be subject to the production of telephone bills by the persons
who should be the recipients of calls: not only is this production
impertinent to legal entities (e.g. the Pôle emploi employment centre),
but there are some countries in which paper invoicing does not exist
(Belgium, for example). Prisoners' correspondents must therefore be
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