because they understood that I was defending myself, and today they want to keep me in a closed
cell despite the fact that I behaved well throughout my confinement in a cell”.
In one institution inspected, prisoners subject to incident reports are assigned to the
closed regime until their appearance before the disciplinary committee, which may take place
several weeks later, or sometimes after an even longer period.
In another prison, they may also be placed under the closed regime following incidents,
when it has been decided not to follow the latter up with disciplinary proceedings for the time
being. In the following case, ascertained at the time of another inspection, one person had been
placed under the closed regime since their early removal from the punishment wing on the basis
of a medical certificate. Moreover, they had been told that they would remain there throughout
the duration of deferment of the sanction.
Nevertheless, by way of a guarantee to ensure that the differentiation of regimes is used
outside of a disciplinary framework, the circular explicitly specifies that “automatic assignment to
the (most restrictive) controlled regime on removal from punishment wings should be
prohibited” and that “after enforcement of punishment cell sanctions, prisoners should be
reassigned to their original wings”.
The feeling that differentiated regimes may serve as disciplinary tools is
sometimes further reinforced by the fact that certain institutions use them
for the purposes of collective sanctions.
This one person reported to the Contrôleur général that the whole of the sector within
which they were accommodated had suddenly changed to a “closed doors” regime following a
fight between two prisoners, passageway “squabbles” between two others, a theft of tobacco
from one cell to another and trafficking of medicines and cannabis. In thus misusing the
statutory application of differentiated regimes for disciplinary proposes, this practice also violates
the very spirit of differentiated regimes, which implies the principle of tailoring sentences to the
needs of individual offenders.
Furthermore, to a still greater extent than simple restrictions upon coming and going,
assignment to the controlled regime involves restrictions in terms of access to activities and work,
in spite of the provision of the circular of 20 th July 2009 which specifies that “this system does
not lead to any restrictions with regard to the provisions of ordinary law and whatever the regime
applied”.
Situations of this nature have been referred to the Contrôleur général on numerous
occasions, as in the following case: “I was suspended on 21 st March but, in reality, I was
dismissed from my employment out of hand on Friday 23 rd, from the moment that I was obliged
to change from one building to another, which is, moreover, in the closed sector, subsequently
confirmed by the committee on 26th March. I am now subjected to a double punishment!”
This situation is applied with even greater harshness in penal institutions for
minors, in which punishment wings are infrequently or even never used, but
changes from one regime to another are commonplace. “In the minor’s
own interest”. However, none of the guarantees of disciplinary procedure
apply: there is a total absence of both defence and means of remedy.
2.2.2 Changes of Cell and Searches in Cells
The criteria should also be examined that justify the placement of prisoners
in “special cells”, in which a hybrid regime of “exclusion” reigns, which is
somewhere between confinement and solitary confinement, for a limited
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