execution of prison real estate programmes and the impact thereof as far as compliance with the
objective of individual cell placement is concerned.
It proposed a minor legislative amendment of the texts in order to facilitate reduced
sentencing on the part of the judge responsible for the execution of sentences before
imprisonment and, more generally, restriction of immediate summary trials, as well as the
promotion of community service sentences (including when the defendant is absent from their
trial but represented by a lawyer). It recommended that this plan should be exercised under the
twofold control of Parliament and the CGLPL.
The deputies finally voted in favour of an amendment to the Supplementary
Budget Bill (PLFR / projet de loi de finances rectificative) for 2014, validating the
principle of a new moratorium until the end of 2019.
The Contrôle Général will pay close attention to these developments, persuaded that prison
overcrowding and the consequences thereof, as broadly set out in its various different Opinions,
are entirely in contradiction with prisoners’ rights.
The CGLPL once again recalls the recommendations of the statutory and legislative, and
national and international texts on the issue of individual cell placement.
1.4
Actions taken in response to the Opinion of 9th May 2014 concerning
the situation of Foreign Prisoners
Following the referral of cases concerning the situation of prisoners of Somalian
nationality, the Contrôleur général des lieux de privation de liberté conducted an inquiry in several
prisons in Île-de-France. A second inquiry into the procedures for handling prisoners of foreign
nationality was conducted in the remand prison of Villepinte.
The Contrôleur Général published an Opinion in the Journal Officiel of
3rd June 2014 concerning the situation of foreign prisoners.
On 1st January 2014, 18.5% of the 77,883 persons imprisoned were of foreign nationality.
The disproportionate number of foreigners in prison, as compared with the number of
foreigners in the French population (6%), may be explained by three factors: the existence of
offences concerning entry and residence of foreigners, institutional practices arising from the law
and courts, and the fact that a large proportion of the foreign population is composed of persons
belonging to the most disadvantaged social categories, which are over-represented in prison.
In its Opinion of 9th May 2014, the CGLPL set out the special difficulties encountered by
foreign prisoners for which actions needed to be undertaken:
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lack of command of the French language which constitutes a handicap, making it
impossible to be informed of the rights to which one is entitled; absence of
organisation of a regular presence of professional interpreters;
-
right to respect for private and family life organised under conditions different from
those provided for French prisoners: very great difficulty in access to telephone for
reasons of cost and different time zones, content of letters drafted in a foreign
language which may lead to them not being sent due to absence of translation, visits
rarely granted in view of language difficulties and distance of visitors;
-
right to work in prison not always respected (foreigners whose residence papers are
not in order are often refused this right, since administrative authorisations and
definitive social security numbers are sometimes demanded, despite the fact that
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