Pursuant to Article 10 of the amended Law dated 30 October 2007, the Contrôleur général of places of
deprivation of liberty issues opinions and, after having informed the authorities in charge, makes public
these opinions as well as the observations of these authorities. An opinion is a text pertaining to a
transverse theme, summarising the observations made by the Contrôleur général and her team
during the visits of the institutions and the treatment of the addressed referrals.
In 2015, the Contrôleur général published three opinions in the Journal officiel.
2.1
Opinion dated 11 June 2015 on the controlling of Islamist radicalisation
in prisons
The opinion related to controlling Islamist radicalisation in prisons was sent to the Prime Minister,
the Minister of Justice as well as the Minister of the Interior, who were given a period of two weeks
to make the necessary observations. The Government merged its observations into a single
response, addressed by the Minister of Justice to the CGLPL.
This opinion falls within the scope of the reflections conducted after the visits of the
Contrôleur général to the prisons of Fresnes and Réau, as well as to the remand prisons of Osny
and Bois-d’Arcy. These observations simultaneously led to the drafting of an investigation report,
which was also sent to the ministers.
The phenomenon of radicalisation is not recent and has not been sufficiently taken into
account by the public authorities. Moreover, the Contrôleur général observed that prison
overcrowding feeds proselytism and favours the influence of radical detainees over the more fragile
detainees.
The grouping together of radicalised detainees in dedicated wings, announced
by the Prime Minister in January 2015, is not without risks: cohabitation of
detainees with varying levels of involvement in the radicalisation process,
difficulties in identifying the targeted persons, ignorance of the methods of
controlling the detainees concerned. The CGLPL stated that grouping
together these people in dedicated wings does not come from any existing
legal provision, and since this sui generis system does not fall under ordinary
detention or solitary confinement, it is therefore not susceptible to any of the
normal means of remedy. The absence of accurate information on the
methods of supervision and the detention conditions in these new wings
raises fears of this regime possibly sliding towards a de facto isolation of these
people.
While the so-called de-radicalisation programmes draw on the willingness of the persons
concerned, a continuous evaluation of their execution is necessary. It is already necessary to ensure
that the funds allocated to these programmes do not come at the expense of the reintegration
efforts of other detainees and do not burden the treatment of the entire prison population.
Finally, the CGLPL requested that the public authorities put more thought into the nature
of the treatment of youth returning from zones of conflict, since it has been observed that
incarceration cannot be an undifferentiated method of treating a phenomenon that affects several
hundreds of people with varying degrees of intensity.
In her response, the Keeper of the Seals first stated that the works related to
Islamist radicalisation in prisons were implemented before the attacks of
January 2015. The objective of these units was to offer an adapted treatment
of radicalised people, or of people being radicalised, and to maintain the
security of the other detainees from proselytic behaviour.
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