The night rounds policy can be applied to vulnerable prisoners, with suicidal
ideas, in order to protect their physical integrity, and to prisoners who are
considered dangerous, to guarantee security within the institution.
As regards the people subject to a specific surveillance to protect their physical
integrity, the Chief Inspectorate had already indicated, in its 2010 annual
report, that “the people subject to special surveillance at night (risk of suicide),
i.e. rounds that include frequent checks through the peepholes, are forced,
when the light is switched on, to show that they are still alive (e.g. lift a hand);
this measure is so contrary to what is needed (the person remaining tranquil),
that several warders spontaneously refrain from carrying out this duty, which
naturally wakes up the sleeper frequently”. It was therefore recommended for
the practices to be harmonised “in order to protect sleep, even at the cost of a
less effective surveillance”.
Concerning prisoners who are deemed dangerous, waking them up several
times at night, for long periods sometimes, is likely to violate their rights to
physical integrity and dignity, and will constitute inhuman and degrading
treatment, all the more so as other measures (checking of the bars, allocation
of cells close to the guard posts, etc.) are already implemented simultaneously,
to ensure the security of the institution and prevent jailbreaks.
In its response dated 2 February 2016, the Prison Administration Department said that it
was considering drafting a new document setting the terms and frequencies governing night rounds.
At the time this report was being written, the Chief Inspector is still waiting for the publication of
this text. She therefore reiterates her recommendations regarding the adoption of measures that
respect prisoners' right to rest, especially concerning people who are prone to a sense of ill -being
that could give rise to suicidal ideas.
2.3
Deductions in favour of the Treasury
The referrals of several prisoners subject to deductions in favour of the
Treasury from their personal account due to the deterioration of property
belonging to the prison administration highlighted three major difficulties:
determining accountability for the deteriorations, determining the
compensation amount and the methods of seizure. Pursuant to the amended
Act of 30 October 2007, in May 2015 the Chief inspector wished to know the
observations of the Prison Administration Department and to recommend that
a stricter legal framework be planned.
Despite the absence of any response on the part of the Prison Administration Department,
the inspectors were able to note during their inspections of prisons that no further deductions in
favour of the Treasury had been carried out since Decision No. 375426 issued by the Conseil d’Etat
on 10 February 2016. In this decision, the Conseil d'Etat criticised the provisions of the Criminal
Procedure Code on deductions, "considering that the provisions of the first two paragraphs of Article D.332
of said Code enable the prison administration, in compensation for material damage caused by a prisoner, to
automatically deduct amounts from the latter's disposable part and to pay the corresponding sums to the Treasury;
that the regulatory authority is not competent to authorise a deprivation of the right to property in this way; that
none of the provisions in Article 728-1 of the Criminal Procedure Code nor any other legislative provision authorise
the regulatory authority to that end; that, subsequently, by refusing to repeal the contentious provisions, the Minister
of Justice has erred in law".
A new legal framework has been laid by Article 105 of Act No. 2016-731 of 3 June 2016
scaling up the fight against organise crime, terrorism and their financing, by improving the
effectiveness and guarantees of criminal procedure, thereby amending Article 728-1 of the Criminal
74
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents