Foreign prisoners
Delivery and renewal
of residence permits
Life sentences
External movements on legal and
medical grounds, transfers
Penal
institutions
Mothers imprisoned with their young
children
Treatment of
women
Geographic location
of institutions
breach of the right to maintain family ties. The CGLPL also recommends that family
visiting room requests made by people placed in the disciplinary wing not be
systematically rejected, but rather be subject to consideration on a case-by-case basis.
Untried prisoners and convicted prisoners serving sentences of under three months are
not able to benefit from the scheme whereby foreign nationals can renew their
residence permit by post, pursuant to an interministeral circular dated 25 March 2013.
The Chief Inspector considers this exclusion to constitute unequal treatment between
prisoners as it prevents people whose residence permits expire at the start of their
imprisonment to undertake the necessary formalities. They must thus make their
application upon release, as if it were their first application, with a great deal more red
tape involved.
The Chief Inspector is concerned by the creation of a new category of life sentence by
the Act of 3 June 2016. The procedure set up for lifting the unconditional imprisonment
period applied to such sentences is specific and extremely restrictive. It may only be
lifted under exceptional circumstances and subject to five strict conditions – not least
that the prisoner has served at least thirty years. This sentence therefore resembles de
facto a whole-life order and opens France up to condemnation on the part of the
European Court of Human Rights, since undergoing mandatory sentencing de jure or
de facto amounts to inhuman and degrading treatment.
The Chief Inspector has observed persistent dithering over the enforcement of legal
decisions concerning transfers, authorisations for escorted leave and external
movements for medical reasons.
The prison administration must devote sufficient staff numbers to these fundamental
missions for respecting prisoners' rights. Moreover, it appears judicious for the
gendarmerie and police forces to be able to reinforce prison administration staff
numbers where there are shortages.
The CGLPL duly notes the intentions to amend the regulations on the conditions for
accommodating children allowed to stay with their imprisoned mother. It also notes
that the planned facilities in new institutions will comply with its recommendations. It
will see that these intentions are effective and, despite the physical difficulties this
poses, recommends that the "nursery" wings of existing institutions be brought into
line with the recommendations expressed in the opinion of 8 August 2013.
The low number of women deprived of liberty should not justify their unequal
distribution across the territory, which violates the right to maintain family ties. In this
respect, the CGLPL recommends opening a "detention centre" wing for women in the
South of France.
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