the Contrôleur général questions the methods implemented in order to search
for the most economical solutions to replace or repair the property provided
to detainees when these operations are attributable to them.
In addition, the sums claimed from the persons correspond, in case the damaged object is
to be replaced, to the price of new property, without taking into account their useful value when
they were damaged. While this effectively concerns the principle applied by the court and
administrative judges for providing reparations for the physical damage, this situation once again
leads to questioning the compensation regime for detainees in case of the loss or deterioration of
property falling under the responsibility of the prison administration, which results in the
application of a dilapidation rate pursuant to a notice dated 6 February 2008. In this respect, the
CGLPL renewed the recommendation formulated in its Opinion dated 10 June 2010 pertaining to
the protection of the property of detainees, stating that the compensation for lost or damaged
property should be determined using the value of the new property. These difficulties in
determining the amount of the deduction also give rise to three questions on the possibility of
controlling the prices imposed, the possibility for the detainee concerned to dispute the amount
and the verification of the effective repairing of the equipment for which the deduction was made.
The method used to deduct the money in question appears, in certain aspects, to be
problematic. While certain heads of institutions do not continue the deductions once the person
settles a part of the amount due and/or is transferred, the taking into account of the poverty and/or
special situation of persons in certain other institutions appears, on the other hand, to still require
some refining.
It appears that there is no text specifically detailing the calculation of the deductions made
in favour of the Treasury. It seems logical that this procedure, being not very well formalised,
should not be more restrictive for detainees than similar legal procedures, such as seizures of
garnishment or seizures of remunerations. Accordingly, seizures of garnishment must be executed
such that the persons concerned retain, on the portion available in their personal account, the
monthly maintenance amount of 200 euros or unseizable allocations that they may possibly be
beneficiaries of, if this limit is exceeded. It would therefore appear to be useful to precisely frame
the possibility of rescheduling and the amount of the debits made, as well as to remind the services
concerned that the amounts received by the persons as allocations or pensions are unseizable in
nature and cannot be subject to a deduction in favour of the Treasury under any circumstances.
6.2.5
The impossibility of buying electronic cigarettes in the canteens of certain
penal institutions
The question of the use of electronic cigarettes in detention by detainees has already been detailed
in the activity report 2014. As a reminder, the Contrôleur général referred the matter to the director
of the prisons administration on 16 December 2013 in order to be informed of her point of view
with regard to this issue, the instructions given to heads of institution and, if necessary, to be
provided with objective elements establishing grounds for the conclusion that they present risks
for the security of institutions. Via the notice dated 11 August 2014, the prisons administration
department authorised the use of electronic cigarettes in penal institutions, for both staff and
detainees, under the same conditions as the use of tobacco.
Yet, the Contrôleur général was informed that electronic cigarettes could not be bought
from the canteen of the prison of Meaux-Chauconin. She therefore referred the case to the prison
director in order to know his point of view on the reasons for this ban. In his reply, the head of
the institution stated that despite the notice dated 11 August 2014 pertaining to the use of electronic
cigarettes in penal institutions and services, he did not wish to authorise the sale of this product in
the canteen due to “their proven risk of explosion [...]”.
67
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