institution, a health network or any other body contributing to prevention
and treatment has the right to respect of their private life and to secrecy of
information concerning them”.
An interministerial circular171 of 21st June 2012 on the sharing of information specifies the
framework and limits for the pooling of operational information between health professionals
and those of the prisons administration (AP) and of the PJJ. This circular, which specifies the
terms of exchange of information, in the interests of imprisoned persons, has had the
consequence of discouraging doctors from taking part in meetings of the single multidisciplinary
committee (CPU). In 24 institutions inspected five medical teams did not participate in the CPU.
Prison conditions: overcrowding and the resulting lack of privacy and absence of private
places, “signposted” consultations etc. constitute obstacles to respect for medical secrecy. The
French National AIDS Council or CNS (Conseil national du sida)172 has thus been able to call into
question the responsibility of health professionals in the violation of medical secrecy.
No progress has been made in the establishment of a common electronic medical file173.
Although some see the latter as a step forward in continuity of treatment for patients at the time
of transfer from one prison another, others may think that consultation thereof will not be solely
reserved to the medical profession. Similarly, the application of telemedicine174, may give rise to
fears of deterioration of human relations between patients and medical personnel.
More generally, the presence is to be noted among prisoners of feelings of
disappointment and frustration with regard to relations between themselves and doctors and
nurses. Particular tension arises when prisoners endanger their own health and bodies through
acts of self-harm in protest against court decisions or internal decisions, in order for example to
obtain a change of cell.
8.
The Principle of Sentencing according to Defendants’
Individual
Requirements:
implementation
thereof
weakened by the prisons administration
Within the framework of the elaboration of the Prisons Act, the planning select committee
(COR) envisaged the adaptation of custodial sentences to the individual requirements of
offenders as a will on the part of “the prisons administration to fight, on the one hand, against the harmful
effects of the shortest prison sentences, implemented without regard to the convicted person’s family and social
situation and, on the other hand, to make longer-term sentences part of a rehabilitation programme enabling real
preparation for release.”
8.1
Sentence Enforcement Programmes remain to be defined
Sentence Enforcement Programmes (PEP/parcours d’exécution de la peine)
were established by paragraph 1 of article 89 of the Prisons Act of 24th of
November 2009 which amended article 717-1 of the Code of Criminal
Procedure. Prisoners’ PEPs should, in principle, set out “the whole of the
171
Interministerial circular no. DGS/MC1/DGOS/R4/DAP/DPJJ/2012/94 of 21st of June 2012.
Avis et rapport sur les situations médicales sans absolue confidentialité dans l’univers carcéral [“Opinion and
report on medical situations lacking complete confidentiality in the prison environment”] - 12th January 1993.
173
Measure 10 action 2 of the Plan d'actions stratégique 2010-2014 “politique de santé pour les personnes sous-main
de justice”
174
Measure 10 action 3: “Mettre en place un plan de développement de la télémédecine”.
172
114
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents