OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
a number of sustainable solutions.
2/ Overcrowding cannot in itself be defined, independently of any
analysis of the facts, as an infringement of prisoners’ fundamental
rights. However, the considerable worsening of conditions of
existence and the breakdowns that can result therefrom with regard
to personal and collective life within each institution can lead to such
infringements, as both national judges and the European Court of
Human Rights have ruled. In the reports handed over to the authorities,
the Contrôle général has often called attention to this aspect.
3/ This is not the first time that French prisons have suffered from
this difficulty. In the past, institutions were even fuller than they are
today. Overcrowding is a chronic problem within them. For twentyfive years, the number of prisoners has continually been greater
than the number of available places, with the exception of a balance
attained at the beginning of this century. However, rapid growth in
recent months constitutes a worrying trend and makes it necessary to
identify the causes of this phenomenon in the most precise manner
possible.
The increase in the prison population does not reflect national
demographic growth. The former is much more rapid than the latter.
Above all, it is necessary to thoroughly rid oneself of the common idea
that the number of prison inmates is linked to the state of crime in the
country and that the greater the increase in the crime rate the fuller
the prisons become (and moreover, as a consequence, that a higher
number of prisoners constitutes more conclusive proof of levels of
insecurity). The relation between the latter and the prison population
is very indirect. Moreover, the observed number of indictable
offences and serious crimes (the only source of criminal convictions
and therefore of imprisonment) for every 1'000 inhabitants has fallen
continuously over recent years (51.7 in 2001, 34.8 in 2010).65
Almost twenty-four thousand persons were on remand or serving
sentences in France at 1st May 2012. If from this number one removes
those serving their sentences in whole or in part under various
different regimes on the outside, there remain more than sixty-seven
thousand persons in permanent detention for a total of more fifty'Criminality in France', Report of the Observatoire national de la délinquance et des
réponses pénales (French National Supervisory Body on Crime and Punishment) for
2011; Report of the Contrôleur général des lieux de privation de liberté for 2011.
65
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