confinement and unfavourable individual decisions notified to prisoners. The inspection
authorities sometimes have difficulty in accomplishing their duties.
6.1
Disciplinary Proceedings that leave Room for Improvement (on this
point see the section devoted to this topic in the Annual Report for
2012153)
6.2
Solitary Confinement, a Uniform and Often Inappropriate Solution
Article 92 of the Prisons Act provides for the possibility of placing any
prisoner (except minors) under the solitary confinement regime.
The inspectors noted that the inter partes proceedings provided for by law, the
implementing decree of 23rd December 2010 and the circular of 14th April 2011 were, in almost
all cases, complied with.
The solitary confinement regime is in most cases uniform in virtually all prisons: solitary
cell placement, exercise and activities carried out alone. Nonetheless, the decree of 23rd of
December 2010 encourages heads of institutions to organise, “insofar as possible and according
to the prisoner's personality, common activities for persons placed in solitary confinement”. It
can only be noted that these provisions are rarely implemented: persons in solitary confinement
are often placed in activity rooms and exercise yards on their own. Certain psychologically fragile
persons may find these conditions of detention very hard.
Article 92 of the Prisons Act in fine provides that prisoners placed under the solitary
confinement regime may refer their case as an urgent application to the administrative judge. The
inspectors have noted that prisoners were not informed of the existence of these provisions,
which are not mentioned in any document. In fact, urgent applications to judges against solitary
confinement measures are extremely rare.
The majority of prisoners are placed under the solitary confinement regime
at their own request. In most cases, these are persons subject to hostility
from the prison population due to the nature of the offence committed
(sexual offences), the previously exercised profession (membership of the
police) or their psychological frailty (easy prey for the habitual racketeers
within prisons). These persons are subject to a more severe detention
regime than other prisoners.
The Contrôle Général questions the pertinence of placing these fragile persons under the
solitary confinement regime. It would probably be preferable to organise prisons differently
and accommodate fragile persons in specific wings to which access would be protected.
They would then be able to have the benefit of a social life inside this wing, being grouped
together in exercise yards and during activities.
In order to attenuate the negative psychological effects of placement in solitary confinement
and maintain a minimum of social life, prisoners placed under the solitary confinement
regime should be able, according to their personality and dangerousness, to have the benefit
of a regime enabling them to come together at the time of activities and exercise.
153
P. 129 et seq.
107
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