passivity where the warders are concerned. These acts particularly involve harassment or cruel
games against vulnerable people, primarily sexual offenders concerning whom the general
consensus is that they "had it coming".
Over the course of their visits and from the letter they received, the CGLPL
members have sensed an escalating "climate of violence" prevailing in prisons.
The emergency recommendation that the Chief inspector of places of
deprivation of liberty submitted to the Minister of Justice on 18 November
2016 regarding the Fresnes prison described a situation which is sadly not a
unique case – even though it has reached extreme proportions in this
institution where it is compounded by serious failings in terms of hygiene. The
causes are often the same: prison overcrowding, a shortage of warders,
insufficient supervision and boredom.
An investigation is opened for each of the cases of violence reported, whatever its alleged
cause. The Management of the institution is usually the first to be informed, which quite often then
refers the case to the judicial authority. When prisoners contact the CGLPL, they often also reach
out to other authorities or associations: usually the French President, the Minister of Justice, the
director of the interregional department of prison services, the Defender of Rights and the French
Section of the International Prisons Watchdog. All of these organisations come up against the same
hurdles when trying to determine what really happened: an event that often dates back, for which
the eye-witness accounts are unreliable. Whilst the materiality of the allegations of violence is
therefore seldom established, they are made with such frequency that there cannot be any doubt as
to their credibility.
European prison rule number 42.3 gives prison physicians a particular role to play in
screening violent situations: "When examining a prisoner the medical practitioner or a qualified nurse reporting
to such a medical practitioner shall pay particular attention to: […] c. recording and reporting to the relevant
authorities any sign or indication that prisoners may have been treated violently".
In a guide to inspection of prison medical services written in 2010, the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) includes
an examination of the role these services have to play with respect to violence. The checklist thus
described sets out in detail the role expected of the physician:
"In accordance with the CPT's specific mandate, the following aspects concerning the screening of violent
situations must be examined:
-
"Systematic drafting of a report of traumatic lesions in the event of alleged violence (upon admission to
prison or during a stint in a penal institution);
-
"Terms for drafting reports of traumatic lesions and examination of their contents (sta tement from the
person alleging to be the victim of violence, detailed medical examination, conclusion of the medical
consultation);
-
"Existence of a register mentioning the reports of traumatic lesions (with inclusion of any statistics);
-
"Transmission of reports of traumatic lesions to an independent authority responsible for investigating
the allegations (existence of a specific procedure to that effect);
-
"Possible request for medicolegal expert appraisals."
The CGLPL highlights the important role played by health blocks in prisons in terms of
properly screening for any violence which might be committed against prisoners, whatever form
this may take. Indeed, these units are the only entity with the necessary proximity in terms of time
and space and independence for making observations on the basis of which protection,
investigation or remedy measures may then be drawn up. So that this role may be assumed in
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