The CGLPL cannot accept such a stance. The visits conducted following its 2013 opinion
have shown that prisoners continue to encounter considerable difficulties in accessing their
personal documents. These difficulties need to be resolved. If the administration does not wish to
resolve them by the recommended means, they must, at the very least, take every appropriate
measure to ensure that the personal documents filed with the registry are freely accessible at the
request of the person who filed them, promptly and following a transparent, traceable procedure.
This accessibility must be regarded as an obligation for due diligence. What is more, this obligation
is defined in The United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules), within which it forms Rule 53, which is written thus: "Prisoners shall have access to, or be allowed
to keep in their possession without access by the prison administration, documents relating to their legal proceedings ".
Regarding the presence of prisoners during searches of their personal belongings, the
CGLPL will limit itself to highlighting European Prison Rule number 54.8, which states as follows:
"Prisoners shall be present when their personal property is being searched unless investigating techniques or the
potential threat to staff prohibit this. "
The CGLPL recommends taking every appropriate measure to ensure that each prisoner has
immediate, unhampered and traceable access to the documents they will have filed wi th the
registry; failing that, any requirement to file such documents should be scrapped. The cell
search procedure must, in addition, be brought into line with the European Prison Rules.
2.4.2
Repeal the provisions of the standard internal regulations of prisons approved by
the Decree of 30 April 2013 which authorises the prison administration to retain,
subject to the exercise of the rights of defence, any manuscript written whilst in
prison and not to return it to its author until the latter is released.
The Prison Administration Department maintains that this provision did not feature in the draft
decree forwarded to the Conseil d’État, but results from the work of this institution, and concludes
that it is necessarily in accordance with the law.
Without getting caught up in a legal controversy, the CGLPL recalls that the
lawmakers considered it necessary to provide for express authorisation for
checking the correspondence of prisoners and did not consider that the general
provisions enabling the rights of prisoners to be restricted due to constraints
inherent in detention and for reasons particularly bearing on security and
public order in institutions 14 were sufficient grounds for such a check.
As a result, the CGLPL feels it should be solely up to the lawmakers to determine the
conditions in which the written documents of prisoners can be checked. A general legislative
provision is not sufficient grounds for broadly restricting liberty over the long term.
Any checking of documents in a prisoner's possession that is not justified by an explicit
legislative provision must cease, and any regulatory provision to the contrary must be repealed.
2.4.3
Foster access to administrative documents by creating a regularly updated
collection of legislation and regulations along with circulars that are applicable
to prisoners
The administration claims that it would be impossible to compile such a collection – let alone keep
it regularly updated – because of the sheer volume of texts concerned. It indicates that prison
libraries already have up-to-date copies of the French Criminal Procedure Code and the Official
Gazette of the French Republic. It also maintains that instructions have been given so that copies of
14
Art. 22 of the Prison Act of 24 November 2009.
61
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