5. The consequences of the visits
After the visit to the remand prison of Lyon-Corbas in December 2014 and before the visit report
was sent to the authorities, the Contrôleur général wished to inform the Minister of Justice and the
Minister of Social Affairs, Health and Women’s Rights of the observations made in the Regional
Mental Health Department for Prisons (SMPR) of the institution pursuant to Article 9 of the
amended Law dated 30 October 2007, due to the severe violations of the fundamental rights of
persons deprived of liberty.
In fact, one of the lodging cells of the SMPR, cell 206, had been designed to act as a
seclusion room; it was called DPU, in reference to the emergency protection device fitted on the
persons placed in it. Regularly, people whose mental disorders disturb the detention were placed
in this cell by the warders, often wearing riot gear. People were placed there on medical
prescriptions, sometimes on the suggestion of the direction of the institution. The person is
forcefully stripped and, if necessary, is given a forced injection, which is repeated as many times as
necessary. The person is deprived of access to visiting rooms, the telephone and, more generally,
all of activities accessible to the SMPR or in detention for the entire duration of the placement.
This practice is labelled as “therapeutic” by the healthcare workers. Consulting the dossier of a
person who was subjected to this placement (executed pursuant to Article 8-1 paragraph 6 of the
amended Law dated 30 October 2007, by an inspector who was also a doctor) did not allow finding
any trace of the prescription.
The practice of treatment without consent of detainees affected by mental
disorders can only be executed in the form of a complete hospitalisation
according to the terms of Article L. 3214-1 of the Public Health Code. The
absence of healthcare staff at night deprives people who are imprisoned in
this manner from any medical surveillance; the administered treatments are
likely to have side effects that require an urgent medical intervention.
The use of this type of placement is far from being atypical. It was used thirty-five times
during the first eleven months of the year for periods varying from a few hours to five days. The
Contrôleur général wished to know the observations of both ministers as concerns the measures
taken to stop this violation of rights.
In reply, the ministers indicated that cell 206 was transformed into a “calm down room”,
the conditions of use of which have been specified in a protocol. The Contrôleur général asked the
Director General of the Regional Health Agency of Rhône-Alpes to provide her with a copy. The
protocol revealed that admitting a detainee to this room is subject to a medical prescription and a
systematic traceability in the medical dossier. It is implemented in the case of persons suffering
from an acute crisis that requires them to be secured and treated, but does not include suicidal
persons, who are placed in an emergency protection cell, for a maximum duration of twelve hours.
Depending on the condition of the patient, he/she can either be returned to detention, admitted
to a normal cell of the SMPR or admitted for a complete hospitalisation pursuant to the provisions
of Article L. 3214-1 of the Public Health Code. The patient is accompanied by healthcare staff
members only; stripping the patient and dressing him/her in pyjamas must be subject to a medical
prescription. Finally, the Contrôleur général was told that cell 206 is no longer used for long
durations or at night, and that the number of hospitalisations had returned to a normal level.
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