OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
29% between May 2011 and May 2012). However, this data should
not give rise to excessive enthusiasm: it is principally based upon an
increase in the use of electronic tagging (2'500 tagging device “straps”
at 1st January 2008; 9'500 at 1st May 2012), of which trials in countries
using them henceforth indicate that they are not bearable for periods
of longer than a few months. In other words, electronic tagging is
a means of regulating prisoner numbers, the effects of which will
remain quantitatively limited.
On the other hand, efforts need to be made in the field of day-release
(neglected due to growth in the number of tagging “straps”) and partial
release (for various different reasons, certain open prisons remain
underused and national regulations – with regard to opening times
for example – should be applied to them).76 Deferment of sentences
on medical grounds, defined under the law of 4th March 2002,77 is not
sufficiently used: the conditions thereof have subsequently hardened
and need to be re-examined, at least insofar as the appointed experts
need to be better informed of the realities of prison (use of doctors
practicing in UCSA prison medical consultation and outpatient
treatment units). Seriously handicapped persons are encountered in
prison, whose conditions of existence are shameful. Finally, reflection
needs to be conducted with regard to the old-fashioned mode
of judicial supervision, which needs to be overhauled, as well as
concerning community service, which due to the lack of a sufficient
number of offers, is hardly increasing.
10/ Finally, in the short term, the implementation of short sentences
that have remained unenforced for periods of one or two years,
due to lack of provision of the necessary means to court registries,
results in damage to the social rehabilitation of those convicted
prisoners who, after the trial, have recommenced a professional life
and social relations. Although no exceptions should be made to the
application of sentences, as pointed out above, the latter still need to
be implemented within reasonable deadlines. A decision needs to be
taken in order to ensure that this principle will henceforth be strictly
applied, alongside provision of the necessary means to registries.
The Contrôleur général des lieux de privation de liberté reserves the right to come
back on this issue.
77
French law n°2002-303 of 4th March 2002 on the rights of ill persons and the
quality of the health system: http://www.legifrance.gouv.fr/affichTexte.do?cidTexte
=JORFTEXT000000227015 (in French).
76
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