Where the applicant has requested to be heard pursuant to article R. 249-19 and that his request has been declared admissible, the judge shall by any means inform the person concerned and his lawyer, the public prosecutor or the public prosecutor and the head of the prison of the date and place of the hearing, specifying in particular whether audiovisual means of telecommunication will be used in accordance with Article 706-71.
This hearing must take place either before the judge rules on the merits of the application in accordance with the provisions of section 3 of this chapter, or before he rules pursuant to II of article 803-8 in accordance with the provisions of section 4 of this chapter. The judge may not, however, make an order declaring the application unfounded without having conducted such a hearing. The public prosecutor, the public prosecutor and the head of the prison may submit observations at the hearing of the applicant or at a separate hearing, where appropriate by means of audiovisual telecommunication in accordance with article 706-71.
The applicant may waive his or her request for a hearing if he or she considers that, at the end of the period set pursuant to article R. 249-27, the prison administration has put an end to the undignified conditions of detention in which he is held.