of restrictions concerning the latter, contrary to current regulations which do not provide for any
such restrictions with regard to prison visitors, lawyers, consular representatives, representatives
of the Défenseur des droits ombudsman and members of the Contrôleur général des lieux de
privation de liberté.
While placement in a punishment cell often leads to isolation which is sometimes difficult
to bear, access to the possibility of reading often proves to be problematic. Current laws are not
at issue: deprivation of reading cannot constitute a disciplinary measure; persons placed in
punishment cells are allowed to have the various books that they keep in their cells, or in the
property office, handed over to them and to continue to receive publications to which they
subscribe. However, in reality, it was ascertained that if prisoners have not packed their books
before being placed in the punishment wing, it is difficult for them to gain access to them
subsequently.
Above all, difficulties arise with regard to the choice of books, newspaper and periodicals
that the administration should offer them. In general, punishment wings contain a few books
which appear to be forgotten, unless the meals service provides an opportunity of gaining access
to them, as is the case in one institution inspected, where the lower shelf of the meal trolley was
filled with books and magazines.
In principle, the possibility of receiving a radio set in a punishment cell has now existed
for a few years. Certain institutions spontaneously place them at the disposal of persons placed in
the wing; in others, they have to be requested. In most prisons, the number of sets is insufficient
because they have apparently been destroyed (and not replaced) or because of the lack of a stock
of batteries, despite the fact of a deliberate choice having been made to purchase this sort of
equipment.
2.1.9 Means of Remedy215
Remedy against disciplinary measures is no more than potential to a large
extent.
In most cases, decisions are delivered immediately by the chair of the
disciplinary committee and are given in writing. The inspectors were in a
position to ascertain that the existence of the procedure for compulsory
prior appeal to a higher administrative authority (RAPO 216) before the
interregional director of prison services is almost systematically mentioned.
This provides that any prisoner who wishes to dispute disciplinary decisions against them
shall refer the case to the director of the interregional department of prison services within a
deadline of fifteen days as from the day of notification of the decision, before any possible
recourse to the courts.
It emerged that most of the institutions inspected in 2012 were not in the position of
being able to provide any information with regard the number of appeals to higher administrative
authorities lodged against decisions made by their disciplinary committees. Admittedly, this
results from the fact that persons refer cases to the interregional director by letter, i n a sealed
envelope. Nevertheless, institutions should be able to procure this information insofar as the
interregional department then sends requests to them to pass on the documents pertaining to
disputed disciplinary cases.
Similarly, no special note is made of any proceedings pending before administrative
courts, nor is there any list of court decisions delivered with regard to disciplinary disputes.
215
216
For an overall study of prisoners’ rights to defence cf. section 3 of this report.
Article R.57-7-32 of the Code of criminal procedure.
124
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