Foreword
2015 had a cruel start with the attacks on 7, 8 and 9 January, and the resulting debate on
the question of Islamist radicalisation in prisons. It was also marked by the immigrant crisis, mostly
those from the war-torn areas of the Middle East. It ended with the horrifying attacks in November,
the adoption of Law no. 2015-1501 dated 20 November 2015 proroguing the application of Law
no. 55-385 dated 3 April 1955, pertaining to the state of emergency and strengthening the
effectiveness of its provisions, and with the introduction of the constitutional bill on the protection
of the Nation.
No one can deny that the seriousness of the situation has led the public authorities to ensure
and reinforce the security of citizens. However, throughout the past year, fierce debates have
raged on the difficult balance between fundamental rights and security.
Finding this balance is not an easy task, and it is the reason for the very existence of the
CGLPL: to ensure in all circumstances, even the most serious ones, that the fundamental
rights of persons deprived of their liberty are respected. There’s no denying that this is not
always the case; in this new national and international order, the authorities are being forced to
focus more on security at the expense of respecting fundamental rights.
It therefore falls on the CGLPL to ensure that the public authorities are always reminded
to respect the fundamental rights of persons deprived of their liberty. The situation in 2015 has
given it plenty of opportunities to do so.
First, prison overcrowding must be denounced, as it has been pinpointed as the cause of
several violations of the rights. There has been no change in the current situation when compared
to earlier. Currently, the overcrowding rate in prisons is approximately 35%, with peaks
approaching 100% in Ile-de-France and in certain overseas departments; this overcrowding has
increasingly severe consequences: lack of privacy and tensions between fellow prisoners or with
the prison guards, difficulty in accessing work and other activities, insufficient healthcare,
weakening of family bonds due to a lack of visiting rooms and deterioration of the working
conditions of the staff. In this situation, it is impossible to provide individual cells, despite legal
obligations to do so. The said obligation has once again been deferred to 2019 in dubious
conditions.
The public authorities must have the courage to implement a prison regulation mechanism,
since it has not been able to curb prison overcrowding, despite the yet to be perceived effects of
the Law dated 15 August 2014, pertaining to the individualisation of sentences and strengthening the effectiveness
of penal sanctions. They must also question the effectiveness of short sentences, which cause
significant ruptures in the life of a convicted person without allowing him/her to benefit from any
aid in prison due to the shortness of his/her stay.
In an Opinion dated 11 June 2015, the CGLPL drew the attention of the Executive on the
dangers that may result from grouping together prisoners showing signs of radicalisation or
those prosecuted in relation to cases of terrorism in dedicated wings within penal institutions.
This measure may lead to risks that do not seem to have been taken into account, especially the
cohabitation of persons with highly disparate levels of attachment to the radicalisation process and
difficulties in identifying the affected individuals. The CGLPL also highlighted that a continuous
evaluation of the de-radicalisation programmes will be necessary and that it must be ensured that
the resources allocated to them do not burden the care of the entire prison population.
Even though, once again, proposals have been made for activating the preventive
detention measure, instituted by the Law dated 25 February 2008, and have been rapidly gaining
10