Whatever storage media are used for recorded images, they should be authorised by clear
laws, which are understood and easily taken into account by officers that make use of such media.
Intercom should be compulsory when there is a risk of persons deprived of liberty being
left alone for long periods. Failing this, a microphone should be installed outside the cell, which is
able to pick up and transmit calls for assistance.
Special attention should be given to provisions ensuring the protection of confidentiality
and secrecy in police custody facilities, and professionals should be particularly vigilant in this
respect. If necessary, manual alarm systems should be placed at the latters’ disposal, when there
are duly identified risks.
2.3.3 Other observations and recommendations with regard to police custody
2.3.3.1 Lack of space and dilapidation of facilities.
In many situations, premises are unsuitable for the purposes for which they are used, especially in
terms of treatment of persons in accordance with respect for their fundamental rights.
By way of illustration, the possibility of placing up to four people in cells of a surface area
of less than 5 m² was identified; as well as the existence of two cells of around 4,5 m² for custody
of around four persons per day on average. Great lack of comfort results from these situations
and, in any case, under these circumstances it is a practical impossibility to ensure the rest periods
for which the law provides: in these cells, when one person occupies the bench or bed boards,
the other necessarily has to lie or sit on the ground.
Moreover, these cells are not known for their cleanliness, and it is fair to say that the
more frequently they are used, the less they are cleaned, due to the shortcomings of the contracts
entered into by the SGAP police administrative authorities (Secrétariat général pour l'administration de
la police) and the inability of personnel to find time and space in order to empty occupied cells for
the purposes of cleaning. In some facilities, regular disinfection operations are also disregarded.
In addition, many facilities are still in a highly dilapidated state, as the Contrôleur général
has already emphasised, and too little progress has been made in this respect.
2.3.3.2 Organisational problems
So far, the Act of 14th April 2011, and in particular the provisions of article 63-6 of the code of
criminal procedure, which drastically restricts the practice of strip searches and compulsorily
limits the confiscation of objects and possessions that are necessary in order to safeguard dignity
during questioning, has not had any obvious impact on practices.
On several occasions it was ascertained that, whereas strip searches should be authorised
by a senior law-enforcement officer on specific grounds which are recorded in writing, they are
often decided upon according to circumstances and, above all, according to local tradition, by
officers lacking the status of senior law-enforcement officer (OPJ). Furthermore, scarcely any
changes have been made in order to adapt the confiscation of objects and possessions considered
dangerous to persons in police custody: glasses and women’s bras are still taken away to the same
unnecessary extent90, in addition to the confiscation of shoes for the reasons of noise mentioned
above.
90
With regard to this practice, see the rapport annuel du contrôle général [“annual report of the contrôle général for
2008”], Dalloz, March 2009, 253 p., p.113-115.
45
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