OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
as this point is concerned. Provision of specialist services to prisoners
who request, or may be required to receive them (orders for medical
treatment etc.) is very insufficient and in some cases even pathetic.
Only a minority of persons in prison follow courses of treatment
or learning and engage in making fundamental changes to their
behaviour. The necessary staff, space, equipment and even regulations
are too often lacking.73 It is not inconceivable to imagine that prison
might be a convenient place for people (and persons suffering from
mental illness in particular) in the absence of more suitable places and
means elsewhere.74
The need for adaptation of the punishment to the crime committed
and to give real attention to security requires twofold reflection: with
regard to certain punishments provided for in the Penal Code; as well
as with regard to new forms of criminal sanctions, more effective than
those currently existing, in the light of the factors mentioned above.
9/ It would also be appropriate to reflect upon the manner of operation
of our criminal courts, which are in an even more delicate situation,
in spite of the efforts accomplished by the authorities and those who
work in them. Five questions, which are at the heart of this subject,
need to be mentioned in order to enable their detailed examination.
Access to the courts for the most modest social categories – one
is here thinking of both the victims and perpetrators of offences constitutes a real concern. Finding a counsel able to devote their time
to one’s case and being able to pay them for their commitment still
presents great difficulties. This causes many people to feel, rightly or
wrongly, that they were not defended and that they have therefore
been the victims of injustice. Most prisoners endure the prison system
as best they can; few give credit to the functioning of the legal system,
above all with regard to the possibility provided to them of explaining
themselves. It is impossible not to make a connection between these
feelings and the large number of sentences delivered against persons
lacking financial resources.
cf. Opinion of the French Contrôleur général des lieux de privation de liberté
concerning access to IT facilities for persons deprived of their liberty (Journal
Officiel of 12th July 2011).
74
The opening of three UHSA (Specially-equipped hospitalisation unit) in Lyon,
Toulouse and Nancy is a considerable improvement; it should be followed by other
planned openings. However, it should be recalled that epidemiological studies
count around fifteen thousand persons suffering from mental conditions in prison.
73
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