Studying the individual situations of five people placed in CSMJS since its opening has shown that, for each of them, the placement in preventive detention was used as a punishment for not complying with the obligations imposed on the convict related to a preventive surveillance, even though their dangerousness was not proven. The possibility offered by law to indefinitely keep a person imprisoned on the grounds that he exhibits a very high probability of repeating his offence, combined with severe personality problems, constitutes a new institution of penal law, which removes the objective link between guilt and responsibility, between offence and punishment, and replaces it with the concept of dangerousness. In addition to its subjective nature, the concept of potential dangerousness must be considered to be contrary to the fundamental principles of French criminal law, in particular to those of the legality of crimes and penalties and of the proportionality of the penal response. Due to all of these reasons, the CGLPL recommended that the measure of preventive detention should be removed. In her reply dated 13 November 2015, the Minister of Justice stated that she has asked the committee, chaired by Mr Bruno Cotte, to re-examine the consistency and soundness of the security measures and punishments that could be classified as preventive measures (socio-judicial monitoring, court supervision, preventive detention and preventive surveillance) before the end of 2015. As regards the medical and psychological monitoring, the Minister specified that the detainees benefit from a medical-psychological treatment and a healthcare project that combines individual and collective treatment, and considering that it is offered to detainees, a continuous medical, psychological and social treatment is offered, aiming at ending the use of preventive detention. She added that the detainees can benefit from cultural, leisure and sports activities, for which the supervision and organisation is carried out by the educators. Sector-based social workers are in charge of monitoring the detainees in exercising the maintaining of family bonds, their welfare rights and their reintegration processes, whereas the SPIP of Val-de-Marne carries out the interface functions between the services of the CSMJS and the legal authority. Finally, the Minister specified that the CSMJS is located in the premises of the EPSNF, a sui generis structure meant for healthcare purposes, and its special feature is that it operates under the aegis of the dual auspices of the Minister of Justice and the Minister of Health. The committee chaired by Mr Bruno Cotte submitted its Report on the rewriting of sentencing law to the Keeper of the Seals on 18 December 2015. These works fall in line with the position of the Contrôleur général and recommend abandoning preventive detention in these terms: “the observation thus made that highlights a real fragility of preventive detention and surveillance in terms of its conventional use, the most limited application currently practised for these measures, the significant inaccuracy of the concept of dangerousness that is nevertheless one of the conditions for them to be implemented, the existence of similar measures capable, once redefined, to meet the same necessary requirement of preventing a reoccurrence of an offence, have all led the committee to recommend the repealing of both of these measures8”. Therefore, the Contrôleur général will keep an eye on the consequences of these recommendations on the Minister of Justice, and reiterates her recommendation for repealing the preventive detention measure. 8 Report on the rewriting of sentencing law, Committee chaired by Mr Bruno Cotte, 18 December 2015, page 51. 49

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