The Contrôleur général’s attention was brought to the situation of one person placed in a
punishment cell who, two days later, had received a medical opinion judging their state to be
incompatible with maintenance in the punishment wing. The person concerned was then
removed, before being taken back to a punishment cell seven days later. The next day, another
doctor, in turn, judged their condition to be incompatible with maintenance in a punishment cell.
However, the person concerned was once again returned to the punishment wing three days later.
When the matter was taken up with the director, the latter justified these successive placements
by the fact that, according to him, “this certificate [did] not have permanent value and only
suspended a sanction”214.
Intervention by medical staff in the disciplinary process is a sensitive
subject. It comes up frequently during inspection visits and reflects the
special position of doctors in prisons. Indeed, doctors working in the prison
environment act in the capacity of prisoners’ personal doctors and have to
create the same relation of trust as in “free life”.
In its annual report for 2010, the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (CPT) mentions that it is important to ensure
that relations of trust between doctors and their patients are preserved, such relations being
essential in order to protect the health and well-being of prisoners.
However, at the time of the inspection of one remand prison, the following unacceptable
facts were ascertained: prior to and on the same day as appearances before the disciplinary
committee, each prisoner had a consultation with the general practitioner, who informed the
management of whether or not their state of health was compatible with placement in a
punishment cell. This consultation was obviously perceived, by both prisoners and the prison
administration, as an examination of fitness for placement in the punishment wing. When this
point was taken up in the findings, the director of the institution indicated in their response that,
following these remarks from the Contrôleur général, prisoners were no longer taken to the
UCSA prior to appearances before the disciplinary committee.
2.1.7 Rules and Regulations in Punishment Wings and Punishment Cells
In principle, prisoners have the possibility of speaking with a member of the managerial staff on
the same day as their placement in a punishment cell. At this time, a document entitled
“punishment wing rules and regulations” or “rights and obligations of adult prisoners placed in
the punishment wing” is often handed over to them. The issuing of these documents is
sometimes subject to written acknowledgement. Certain institutions also hand over an order
form, with a list of prison shops authorised in the punishment wing.
The rules and regulations of the punishment wing are displayed – sometimes in very small
letters – on the interior side of punishment cell doors. In others, a copy is only handed over on
request.
It was ascertained that the rules and regulations of punishment wings were sometimes
obsolete, dating from before the coming into force of the Prisons Act, and, for this reason, were
incomplete: in particular they did not contain any mention of the possibilities of using the
telephone, enjoying rights of access to visiting rooms and of having the benefit of a radio set and
religious works and objects. It appears that loan of a radio set is not automatic in certain
institutions, in which it is necessary to fill in an application form.
214
Cases can also arise where, after removal from a punishment cell due to a medical decision, the same person is
returned there following the “discovery” of a new fault (prohibited item found in their usual cell for example) leading
to a new appearance before the disciplinary committee and a new punishment, or else a solitary confinement measure
(cf. § 2.2.7 below).
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