OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
the Public health code). As a result, inspections of the establishment
do not provide the guarantees of independence of those carried out
in the other departments.
Finally, as it does not fall under the category of hospitals covered by
article L. 3222-4 of the code, the psychiatric infirmary is not visited
by judges of the competent courts and, in particular, by the State
Prosecutor’s Office. Certainly, the Chief of Police emphasises that these
visits are carried out de facto. They are not, however, guaranteed.
In these conditions, it would not seem feasible to suggest that
the orientation decisions taken are done so with all the necessary
assurances. The provision raises doubts over the distance between
considerations of public order and medical considerations. At the
same time, it is not a matter of placing responsibility for this doubt on
the professional conduct and commitment of the doctors and medical
staff, who do not incur criticism. But why is the competent assessment
of a pathological situation connected to a police institution? Herein lie
the conditions of confusion in the delicate matter of the deprivation
of liberty for psychiatric reasons, which need to be eliminated.
It is argued that the establishment provides a welcome emergency
medical service, which in particular can deal with incidents of violence.
Yet, besides means of physical restraint being increasingly employed
in this service, it is pertinent to question whether its affiliation with
the Paris police headquarters does not increase the outbreaks of
violence among certain patients. In any case, only 41% of patients
are hospitalised by court order after their stay at the establishment:
therefore, they are not all violent.
In any event, while the psychiatric infirmary of the Paris police
headquarters was unparalleled at the time of its creation, more
than two centuries ago, this is no longer the case today. Ordinary
hospitals ensure care of the same nature: in Paris, hospitals receive a
much higher number of psychiatric emergencies than the psychiatric
infirmary - approximately a one-to-eight ratio - which is, moreover,
unprecedented in any other French urban area.
That is why it is recommended that the Government makes the
transfer of assets from the psychiatric infirmary of the Paris police
headquarters to the ordinary hospital service possible, without of
course modifying the health certification competences attributed to
the Chief of Police and the police superintendents.
76
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