itself, considering that the first method left an overly predominant place to individuals considered
to be “negative leaders”, while making sure that they were sufficiently representative in terms of
legitimacy in the eyes of the prison population... In another institution, the inspectors witnessed
prisoners’ refusal of elections, on the grounds that this method of appointment would mean
submitting a candidature and “conducting a campaign”, with the risk of becoming a “leader” in
the eyes of members of staff, with all of the risks involved therein. On the other hand, the rules
of organisation – calls to attend, agenda, and reports – are in general the same. The reports are
drafted by a representative of the administration and signed by the management, and sometimes
also by the prisoners; they are often displayed in the accommodation sectors, disseminated to
staff in all departments, or even passed on to professional organisations.
However, these initiatives have their limits. Corresponding to the observed loss of
interest in activities organised in prison, all of the persons encountered reported withdrawal from
collective life on the part of prisoners and retreat into isolated individualism, difficulty in agreeing
on common projects etc., all consequences of a mode of prison organisation leaving little place
for individual autonomy and an administration with little desire for change in the institutional
landscape 79. Prisoners engaged in the mechanisms of collective expression are sometimes
disappointed, since their efforts to involve their fellow prisoners often come up against
scepticism, due to a priori rejection of the institution. Such reservations may also be attributable
to fear of pushing oneself forward and thus being exposed to problems.
Exchanges between imprisoned persons should be encouraged and extended, insofar as
organs of collective expression for prisoners enable institutional dialogue with the
administration, which contributes to improving daily life and relations with staff.
This is illustrated by a request sent by a prisoner to the head of a long-stay prison, which
reads as follows: “As I have personally had occasion to note in previous institutions, this
participation enables prisoners to be actively involved in their daily environment, to take a
constructive position with regard to the activities proposed, to show greater respect for the
equipment placed at their disposal, and to improve their relations with all of the members of the
prison administration”.
Finally, personal image rights, in particular when documentaries or films are made within
prisons, are regulated by article 41 of the Prisons Act of 24th November 2009.
The CGLPL has already noted the fact that these provisions were not respected, in the
section devoted to the application of the aforementioned Act in the Annual Report for 2013. It
will not therefore repeat these observations here.
1.2.7 Right of Access to Healthcare and Control of one’s own Body
Personal autonomy presupposes the right to make choices with regard to health. In the same way
as they should have the right to eat in accordance with their personal convictions, as a preventive
measure (vegetables grown according to the criteria of organic farming for example), prisoners
should be able to consult the doctor of their choice. This right is limited by article D. 365 80 of the
Code of Criminal Procedure. Prisoners are thus subject to diagnoses and prescriptions issued by
79
The attempted creation of a prisoners’ union, at the initiative of several imprisoned persons in a long-stay prison
controlled in 2014, was thus refused by the management. This decision has been challenged before the administrative
court (case in progress).
80
"Apart from cases where they are outside of a prison in application of articles 723 and 723-3, prisoners can only be
examined or treated by a doctor of their choice after a decision by the director of the interregional department of
prison services with territorial jurisdiction. They shall then take financial responsibility for the costs incumbent upon
them for this treatment".
102
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents