Opinion of 10th June 201020 concerning the
protection of property of persons deprived
of their liberty
1/ Every natural person is entitled to the peaceful enjoyment of his or
her possessions. This requirement of applicable law benefits persons
deprived of their liberty just like anyone else. It therefore extends to
the personal belongings that the detained persons may have with
them on the day of their incarceration and during their imprisonment.
The guarantee is all the more necessary for persons deprived of their
liberty since they are separated from the majority of their possessions
as a result of their detention and have only a few objects with them;
moreover, the majority of these individuals, lacking significant
resources, do not have the possibility to have a large number of
belongings and have only those that are essential to them. But this
guarantee is all the more easy to ensure since the detainees - with
the exception of those serving out their sentence in a partial release
regime - are subject to constant constraints and supervision by the
administration which orders their remand in custody or enforcement
of the sentence.
2/ Certainly, inmates do not enjoy unlimited use of these possessions.
The administration can naturally regulate their use according to
the requirements related to the compensation of the victims of the
offense committed, the preparation for leaving incarceration and
for safety reasons. As such, the Code of Criminal Procedure provides
for a certain number of provisions regarding financial assets and
valuables, and objects or property. Certain items may be retained
by the individual being incarcerated; others must be handed over to
the establishment's accounting department which stores them until
the detainee is released. These include items on the list of prohibited
objects, or those which must be managed by the administration
(funds); and finally, others may be prohibited but not managed and
are handed over to the family or to a third party "owing to their value,
their importance or volume" (Article D. 337).
20
Published in the Journal Officiel de la République française of 2nd July 2010, text
n°81.
41
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