PARIS POLICE HEADQUARTERS (REC.)
“whose behaviour reveals obvious mental disorders” (article L. 3213-2
of this Code).
Yet this specific competence cannot provide grounds for the existence
of the psychiatric infirmary of the Paris police headquarters. Indeed,
the same would be true if the provisional measures were taken in
ordinary hospitals, covered by article L. 3222-1 of the Public Health
Code. In other words, while the establishment derives from the
competence attributed to the Chief of Police in 1800, the retention of
this competence does not require that the establishment maintain its
current form.
It is clearly not the role of the contrôle général to issue an opinion on
the choice of administrative organisation. However, it is concerned
with the question of whether this organisation provides the sufficient
guarantees as aforementioned. As things stand, this would not appear
to be the case.
On the other hand, the psychiatric infirmary of the Paris police
headquarters does not have any autonomy. It is a service of one of
the departments of this prefecture (the department of transport and
public protection), in particular falls under the scope of the health
and environmental protection division. Its resources are provided
through the intervention of the police headquarters. Assuming that
the doctors who work there are not under the direct authority of the
Paris police headquarters, as the Minister is careful to reiterate in his
observations (no more than, concerning the practice of medicine,
hospital practitioners are under the authority of hospital management),
they are paid by it, the material conditions of their employment and
their career management depend on it. The establishment therefore
falls outside the realm of a hospital authorised to receive mental
health patients. Consequently, the provisions relating to the rights of
persons admitted to hospital do not apply (for example the “rights of
the individual” set forth in a preliminary chapter of the public health
code) and no health authority has the power to verify the content and
modalities of care.
On the other hand, although a departmental commission for
psychiatric hospitalisation, responsible for dealing with all measures
of hospitalisation without consent and visiting the establishments to
hear patients, exists in Paris as in the other departments, its members
are appointed by the Chief of Police in the capital (article R. 3223-1 of
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