In his urgent recommendations, the Contrôleur Général demanded in particular that, where
the materiality of the facts was established, disciplinary and, if necessary, criminal proceedings
should be brought against the persons responsible for the violence, in order to avoid the
development of a sense of impunity among the minors.
These various different points are set out in detail in the text that appeared in the Journal
Officiel on 23rd April 2014.
In response to this urgent recommendation, in a letter of 25th April 2014 the Minister of
Justice announced a certain number of immediate and long-term measures, intended to improve
the minors’ situation: modification of the minors’ exercise schedules, completion of work to
make the exercise yard secure, putting in place of systems for the physical separation of adults
and minors, reflection on the presence of a prison officer in the yard, creation of a specific
disciplinary committee for minors in order to speed up the handling of procedures etc. Other
actions were put in place in liaison with the National Department for Education and the
departments of the Judicial Youth Protection Service, as well as the courts.
However, although the measures recommended by the Minister of Justice are likely to
considerably improve the situation, the proceedings of the inquiry conducted by the Contrôleur
Général are not closed.
The director of the remand prison of Villeneuve-lès-Maguelonne sent his observations to
the Contrôleure générale des lieux de privation de liberté in a letter of 26th November 2014. He took a
number of measures, in particular in liaison with prison officers, whose engagement appears
manifest, both with regard to the prevention of violence by putting systems in place (asphalting
of the exercise yard in order to make the extraction of stones impossible, better separation
between adults and minors, surveillance camera etc.) and effective establishment of the
disciplinary measures provided for by the regulations; the service project is currently being drawn
up with the judicial youth protection service. The director’s local contacts 8 may respond to the
report of the Contrôleur général des lieux de privation de liberté.
The inquiry report will be made public in the light of the responses made to the
observations.
1.2
Actions taken in response to the Opinion of 6th February 2014
concerning the implementation of secure medical jurisprudence
centre placements
The secure socio-medical-jurisprudence centre (CSMJS) of Fresnes is the only institution
of its kind in France. It was inaugurated on 6th November 2008 and is housed in the premises of
the national public health institution at the remand prison of Fresnes (EPSNF). Since 2011, five
persons 9 have been placed in the CSMJS in accordance with the provisional emergency
placement procedure for breaches of obligations imposed under secure surveillance (article 72337 of the Code of Criminal Procedure).
The Contrôleur général des lieux de privation de liberté conducted an inquiry in the
CSMJS of Fresnes from 9th to 11th October 2013, which gave rise to a
report, passed on to the head of the institution, the director of the national
8
The public prosecutor at the court of first instance of Montpellier, the territorial director of the judicial youth
protection service of the Hérault department, the doctor in charge of the prison health unit and the presiding judge of
the court of first instance of Montpellier for the youth court.
9
On 25th February 2014, date of publication of the Opinion concerning secure medical jurisprudence centre
placements, four persons had been placed in the CSMJS in the 2011-2013 period. A fifth person was subsequently
placed in 2014.
20
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents