The premises of a great number of closed units in psychiatric hospitals correspond to the same
concern with surveillance at a low cost in terms of staff. In too many units inspected, the patients
are brought together for long hours during the day in “activity rooms”, and kept under the
surveillance of medical staff with hardly any more occupation than watching the television or
wandering about the corridors.
Thus, in their design, places of deprivation of liberty cause an a priori assumption of
dangerousness, animosity and relational inadequacy to weigh retroactively upon the persons
confined in them. The layouts of these premises and the procedures that they anticipate and
accompany give rise to stress and can generate conduct on the part of their occupants, –
aggressiveness, and depression – which confirm these fears after the event.
Their walls are strange mirrors for the captives, inexorably showing them
the image in which they are held by society and confusing their own reality
of themselves.
Prison security measures, and especially in the case of prisons with sections incorporating
different kinds of prison regime, are identical for all prisoners, meaning that an identical
presumption of desire to escape weighs upon prisoners serving short sentences, who nonetheless
form the majority of the prison population, and multiple recidivists having numerous years to
serve.This excess of security overlooks the capacity of acceptance of sentences. The resulting cost
in terms of staff and means of surveillance is out of all proportion to the reality of the risks. This
expenditure is made to the detriment of arrangements more appropriate to the other objectives
of the punishment.
Indeed, although the Prisons Act of 2009 maintains that the sentence enforcement regime
is aimed at the protection of society, from which imprisonment results, it also asserts the
necessity, during the execution of the sentence, to prepare for rehabilitation and the leading of
responsible life in order to prevent recidivism205.
Similarly, the Public Health Code asserts the right to treatment206, while the circumstance
that this treatment is given without the patient’s consent should be without effect upon
compliance with this right and the conditions of its implementation. Yet, attainment of autonomy
presupposes that premises be made available where the latter can progressively be tried out,
exercised and validated.
The inspections conducted by the Contrôleur Général highlight the fact that
the architecture of most of the premises in which persons deprived of
liberty stay do not take these objectives into account.
Although the weight of history and building constraints may, to a certain extent,
constitute an explanation as to why all means are not yet implemented in order to enable persons
deprived of liberty to exercise the whole of their rights, this is not acceptable in the case of the
most recent institutions, and particularly for prisons with sections incorporating different kinds
of prison regime, where security concerns combined with the desire for economies of scale take
priority over rehabilitation.
205
The Prisons Act no. 2009-1436 of 24th of November 2009, article 1: "The regime of enforcement of custodial
sentences reconciles the protection of society, punishment of the convicted prisoner and the interests of the victim with
the need to prepare the prisoner's integration and rehabilitation in order to enable them to lead a responsible life and
prevent the commission of new offences".
206
Article L.1110-1 of the Public Health Code: "The fundamental right of protection of health shall be implemented by
all available means to the benefit of all persons. Professionals, health institutions and networks, bodies of the health
insurance system and all other bodies involved in prevention and treatment, and the health authorities contribute, with
users, to developing prevention, guaranteeing equal access for all persons to the treatment required by their state of
health and ensuring continuity of treatment and the best possible health security."
128
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents