The Minister of Justice indicates that children can access the press through the provision of a
range of magazines in the library and educational sessions on this theme can be organised by National
Education. Internet access is banned in young offenders' and adult prisons alike on security grounds.
The CGLPL believes that, given the importance of having Internet in modern life, banning
Internet access in young offenders' prisons deprives them of a necessary tool for exercising their
fundamental right to education. It therefore recommends that this ban be lifted and that Internet
access be permitted in a controlled manner, with an adult in attendance. The CGLPL will draw
Parliament's attention to this point.
Authorise young prisoners to access the Internet, within an educational framework, in a
controlled manner and with an adult in attendance.
3.4.2 Foreigners' rights
The CGLPL had recommended extending access to the cash aids and aids in kind stipulated by the
law to the benefit of indigent prisoners as required by the foreign prisoner's situation, and allowing, in
the decree provided in Article 31 of the Prison Act, for an adaptation of the amount of this aid in line
with needs.
The Minister of Justice reiterates that, for foreign nationals, legality of residence is a
prerequisite in the context of accessing social rights.
The CGLPL's recommendation did not refer to social rights, but the rights provided for in
Article 31 of the Prison Act: "Prisoners with fewer resources than a statutory amount receive from
the State an aid in kind intended to improve their material conditions of reception. Said aid may also
be paid in cash under the terms stipulated in the decree." The CGLPL therefore upholds its
recommendation.
Extend access to the cash aids and aids in kind stipulated by the law to the benefit of indigent
prisoners as required by the foreign prisoner's situation, and allowing, in the decree provided in
Article 31 of the Prison Act, for an adaptation of the amount of this aid in line with needs.
The CGLPL had made several recommendations aimed at protecting the legality of the
residence of foreign prisoners who are in this situation or may benefit therefrom:
-
adapt prefectures' access times and the circuit of procedures to the prisoner's situation;
-
maintain "legally resident" status for all foreign nationals with a residence permit,
except where there is a court-issued prohibition to enter French territory or
administrative deportation measure;
-
do not systematically deny foreign prisoners provisional permission to stay.
The Minister of Justice states that these points come under the purview of the Minister of the
Interior.
The CGLPL nevertheless considers that it is for the Minister of Justice to initiate the
necessary coordination measures for the proper management of the situation of foreign prisoners. It
also finds, during its inspections, that such measures are not working out very efficiently in practice despite the interministerial circular dated 25 March 2013 on procedures for renewing or issuing the
first residence permits to foreign nationals deprived of their liberty. It therefore upholds its
recommendations.
Protect the legality of residence of foreign prisoners who are in this situation or may benefit
therefrom by enforcing and monitoring, at local level, the actual application of the
interministerial circular dated 25 March 2013 on procedures for renewing or issuing the first
residence permits to foreign nationals deprived of their liberty (adapt prefectures' access times
56
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents