According to the rapporteurs, the effectiveness of the Act came up against four difficulties:
-
the late arrival of the first implementing decrees103 ;
-
insufficient means, for the development of reduced sentencing in particular;
-
administrative inertia;
-
increase in the number of prisoners.
The Contrôleur Général des Lieux de Privation de Liberté intends to provide a
view of the application of the Prisons Act in line with an approach that
complements this parliamentary work. Naturally, it will be more specifically
concerned with recognition of the dignity and rights of prisoners.
It of course takes into account the elements of context highlighted by the assemblies, as
well as the emergence of European prison rules (EPR) since 2006 and the considerable changes
made to the prison buildings infrastructure through the successive construction programmes, of
which the latest, referred to as the “13,200 place programme”, dates from 2002. It is based upon
the whole of the inspections conducted since the creation of the Contrôleur Général des Lieux de
Privation de Liberté as well as the cases referred, in the vast majority of cases by prisoners and
their families.
Its guiding lines are articles 4 and 22 of the Prisons Act, which make reference to “respect
for the fundamental rights” and “respect for the dignity and rights” of prisoners.
The following seven issues will be successively examined:
2.
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the well-being of the person;
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access to information;
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exercise of citizenship;
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respect for private life;
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access to inter partes procedures and remedy;
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access and rights in relation to healthcare;
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adaptation of the enforcement of sentences to the individuals concerned.
Respect for the Well-Being of the Person: Professional
Practices that call for Change
The prisons administration needs to guarantee effective protection of each prisoner from bodily
harm in all collective and individual premises.104
103
Decrees no. 2010-1634 and no. 2010-1635 of 23rd December 2010.
Article 12 of the Prisons Act specifies that: “The warders of the prisons administration constitute, under the
authority of the managerial staff, one of the forces at the disposal of the State in order to ensure internal security.
Within the framework of their security duties, they ensure respect for the physical well-being of persons deprived of
liberty…”
Article 44 of the Prisons Act specifies that: “The prisons administration shall guarantee effective protection of each
prisoner from bodily harm in all collective and individual premises.
Even in the absence of fault, the State is bound to compensate for any injury resulting from the death of a prisoner
caused by violence committed within a prison by another prisoner.”
104
87
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