(UHSI) or the National public health institution at the remand prison of Fresnes for patients who are
not imprisoned in the institutions affiliated to these structures.
The CGLPL has found that the change in prisoner register number following such committal,
with no consideration of the duration of stay, has disproportionate repercussions for the patients
detained, which amount to violations of their fundamental rights. These are associated with the fact
that such a committal and return to the original institution are deemed a reassignment within another
institution. During such committals, the right to maintain family ties and exercise of the rights of
defence are thus affected. An interruption in the financial aid allowance for indigent prisoners is also
sometimes observed, as well as significant hold-ups in the transfer of personal account funds,
preventing people from being able to eat in the canteen or top up their phone credit. All of these
difficulties may end up dissuading some prisoners from accepting medical care in this context.
There are also difficulties on returning to the original institution, due to the fact that the
prisoner is once again considered a new arrival and needs to put his or her name back on the waiting
lists for work, vocational training or participation in socio-cultural activities - with no consideration of
the fact that s/he was already on these lists - and had been for some months in some cases. For the
same reason, processing of change in assignment or reference files as well as sentence adjustment
applications is often delayed, and sentence reduction processing may also be affected.
The Chief Inspector called on the Prison Administration Director for comments on all of
these points and asked him about the technical criteria that require such a change in prisoner register
number, as well as potential solutions for addressing the difficulties observed.
A third referral still pending a response from the Prison Administration Department concerns
the difficulties associated with introducing a fixed-rate fee for taking the driving theory test. This fee,
introduced since 13 June 2016, can only be paid online, which is problematic for prisoners with no
Internet access or payment card, since they have no way of paying this fee. The Prison Administration
Director has been asked for his comments on this matter.
3. Referrals revealing repeated violations of prisoners' rights: a
closer look at some examples in 2017
3.1
Exercise of the rights to appeal in detention centres for illegal immigrants
This report's assessment on detention centres for illegal immigrants reveals fairly major reservations
over respect for the right to information and assistance for detained migrants in exercising their rights.
These reservations are confirmed by a number of referrals on the difficulties these migrants have in
exercising their rights to appeal. The procedures in detention centres often give short shift to this
fundamental right, which is nevertheless central to the situation of detained migrants. In this context,
rights to appeal are not only complex to exercise owing to the technicalities of the issue, but also too
often run up against barriers on account of the authorities in charge of such procedures not
sufficiently applying the statutory requirements.
The Chief Inspector was referred several cases in 2016 and 2017 of deportation measures
enforced against detained migrants with no regard for their right to effective appeal. These referrals
bore on situations reported in mainland France as well as the Overseas territories, even though
derogations have already been enacted there.
First, the CGLPL was referred several cases of deportations carried out from mainland
France, when the detained migrants had submitted an appeal for suspension before the competent
court, before the latter was able to issue a ruling. One referral also concerned a migrant who was
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