4. Report on managing Islamist radicalisation in prisons:
dedicated units opened in 2016
On 7 June 2016, the CGLPL published a report on the opening of dedicated units associated with
Islamist radicalisation in prisons, with respect to fundamental rights. The Minister of Justice
submitted a reply on 6 July 2016. This report followed on from both a previous report on the
management of Islamist radicalisation in prisons, published on 11 June 2015, to which the Minister
of Justice had replied on 26 June 2015 on the Government's behalf, and an opinion publi shed on
30 June of that year in the Journal officiel (Official Gazette).
On 25 October 2016, the Minister of Justice unveiled to the public a system on prison safety
and action against radicalisation, the measures of which are due to be carried out betwee n the end
of 2016 and first half of 2017.
In 2015, the CGLPL had investigated the setup by the management of the Fresnes prison
in the autumn of 2014 of a wing for prisoners facing charges or convicted for acts associated with
a terror undertaking. In the opinion of the institution's management, this setup was justified by the
need to prevent proselytism. An on-site inspection had been carried out.
The measures specific to the prison administration announced on 12 January 2015 in the
counter-terrorism plan (PLAT) had been examined – particularly the setup of five dedicated units
(UDs) in four prisons (Fresnes, Fleury-Mérogis, Osny and Lille-Annœullin), where a personality
assessment of the prisoners and supervision programmes were due to be organised.
The CGLPL had spoken out against this system, particularly because of the risks incurred
by grouping together prisoners and the creation of a specific detention system where no appeal
would be possible because it was not governed by any legislation.
In his reply, the Minister of Justice agreed that "the grounds of detention should not remain
the only criterion for assignment to a dedicated unit" and that people detained for other reasons
could be transferred to them in the future. He objected to the idea that there was a specific detention
regime in UDs.
Dedicated units were gradually opened across the selected prisons from late January to late
March 2016.
A team of three inspectors was dispatched to these five units designed to accommodate 117
people at the same time. With the exception of three of them, the 64 people detained at the time
of the visits were able to speak in complete confidentiality with the inspectors. It was possible to
meet with all staff categories, some of the external professionals and the prison administration
department during the visits, which were carried out between February and May 2016. Judges and
lawyers were also interviewed.
The CGLPL noted that the radicalisation phenomenon had been
acknowledged fairly late in the day, and that the decision to set up these UDs
made in all urgency, following the events of January and November 2015. It
found that the local teams had been granted a significant degree of
independence, the result being stark disparities in the approach to and setup
of assessment methods and supervision programmes and unequal treatment
between prisoners.
Given the question of grouping together, the procedure, the selection of prisoners and the
detection and supervision programmes as observed by the inspectors during their mission, the
CGLPL had a lot of reservations about the plan and its implementation – as there seem to be more
disadvantages to the very principle of grouping these people together than advantages. It appears
paradoxical to intentionally group together people facing charges for conspiracy. The interviews
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