In its summary report on the application of the Prisons Act122, the Senate states that: “We
have just been through an election period: prisoners who made use of their possibility of voting
were extremely few in number, which is harmful both in terms of citizenship and in terms of
return to social life for these people. In our estimation, the only solution for changing this
situation is the putting in place of polling stations within the institutions, which would enable
such participation to be encouraged.”
The Prisons Act hardly facilitated the exercise of voting rights by prisoners. It would be
appropriate to put a procedure in place enabling persons placed in prisons to effectively
exercise their voting rights. This includes greater facility in the issuing of identity papers,
sufficiently early provision of information, a special regime of temporary release and, if
necessary, greater flexibility of the rules for proxy voting, guaranteed by the registry.
4.2
Election of Domicile Remains a Rare Practice
According to the terms of article 30 of the Prisons Act, “prisoners can elect
domicile at the prison […] for the exercise of their civic rights, when they
do not have a personal domicile, […] in order to claim the benefit of the
rights mentioned under article L. 121-1 of the Social Action and Family
Code (Code de l’action sociale et des familles) [in particular in order to claim legal social
security benefits], and they do not have any alternative legal place of residence
at the time of their imprisonment or cannot provide any proof thereof [and]
in order to facilitate their administrative formalities”.
In 2012, for a total of more than 64,000 prisoners there were only 275 cases of election of
domicile, that is to say less than five out of a thousand persons. These figures are far from
showing any effective improvement in the situation.
The Contrôle Général recommends that the Prisons Act should open the possibility of
granting prisoners the option of electing domicile at the communal or intercommunal
public centre for social action (Centre communal/intercommunal d’action sociale) nearest to the
place in which they are seeking employment within the framework their preparation for
release.
4.3
Impossibility of Collective Expression of the Prison Population
Article 29 of the Prisons Act mentions the possibility of consulting
prisoners with regard to the activities offered to them, “subject to the
maintenance of proper order and security within the institution”.
Moreover, the right of association in the prison environment is not prohibited by any
statutory text.
During their visits, the inspectors regularly note the circulation of rumours
in detention areas, spreading entirely unfounded or progressively distorted
information. Such information may, for example concern financial
questions – cost of products in prison shops, of the telephone etc. –, or be
about more serious subjects such as the death of a person in their cell. This
sometimes result in feelings of frustration and discontent which on occasion
to generate into collective movements.
122
Report no. 629 presented by Mr Jean-René LECERF and Mrs Nicole BORVO COHEN-SEAT, op. cit..
96
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