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Section 3: The decision on the merits of the request and the implementation of corrective measures by the prison administration

Article R249-25 of the French Code of Criminal Procedure

Within ten days of the date on which the order declaring the application admissible was issued, the judge shall rule by reasoned order on the merits of the application in the light of the application and the observations of the detainee or, where applicable, his lawyer, the written observations of the prison administration and the written opinion of the examining magistrate, the public prosecutor or the public prosecutor. The lawyer…

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Article R249-27 of the French Code of Criminal Procedure

If the judge considers the application to be well-founded, the order shall mention the conditions of detention that he considers to be contrary to human dignity, and shall set a time limit of between ten days and one month to allow the prison administration to put an end to them by any means. This order is notified under the conditions provided for in article R. 249-22.

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Article R249-28 of the French Code of Criminal Procedure

Before the expiry of the time limit set by the judge pursuant to article R. 249-27, the prison administration shall take any measure it deems appropriate to put an end to the conditions of detention in question. To this end, it may propose that the detainee be transferred to another prison. Where the detainee is imprisoned in execution of a custodial sentence, the prison administration shall ensure that the proposed…

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Article R249-29 of the French Code of Criminal Procedure

Before the expiry of the time limit set pursuant to article R. 249-27, the prison administration shall send an information report to the judge on the measures taken or proposed to the detainee. A copy of this report is sent by any means to the applicant’s lawyer or, if the applicant is not assisted by a lawyer, to the applicant. On receipt of this report, the judge may proceed, where…

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