been placed in seclusion for fifteen days “for having had sexual relations with a female patient,
and in order to prevent him from meeting her again”. Placement in seclusion for therapeutic
reasons was never mentioned by the medical staff that the inspectors met in this institution.
Yet, placement in isolation rooms leads to the application of a particularly strict regime:
the room is bare and is simply furnished with a securely fixed bed, on which a fireproof mattress
is placed, with a cover and sometimes a sheet. In most cases, patients are allowed nothing else
other than a pillow. They are not allowed access to the toilet or to a sink, in an adjoining room,
without authorisation. In the vast majority of cases, visits are prohibited.
Treatment of this kind is not subject to any control since it is officially “treatment carried
out for the good of the patient”.
Moreover, at the time of their inspections of metal health institutions, the inspectors
ascertained that, in most cases, hospitalised prisoners are systematically placed in seclusion
rooms, this situation not being dictated by therapeutic reasons. It was clearly asserted to the
inspectors that these are security measures imposed in order to prevent escape. It was also
revealed that this measure is sometimes required by the prefectural authorities.
1.1.2 Within Interregional Secure Hospital Units (UHSI)
The situation within specially equipped hospital units (UHSA) cannot be exa mined here, the
Contrôleur général only having inspected one of the two institutions currently open.
UHSIs exclusively accommodate persons in custody.
Under the terms of article D.395 of the code of criminal procedure,
“prisoners admitted to hospital are considered as continuing to serve their
sentences or, in the case of unconvicted prisoners, as being on remand.
Prison regulations remain applicable to them insofar as possible”.
Therefore, after their return to prison, prisoners undergoing somatic
treatment and care (UHSI) may be subject to disciplinary proceedings for all
of the faults listed under articles R.57.7. 1 to R.57.7.3 of the code of
criminal procedure.
According to the staff interviewed by the inspectors, hospitalised prisoners are rarely
subject to disciplinary proceedings on their return to the prison environment, it being understood
that no sanctions are pronounced, and a fortiori applied, during periods of hospitalisation.
Other practices exist, apart from these seldom implemented statutory procedures. The
inspectors were thus informed that, within one UHSI a prisoner had apparently been handcuffed
to their bed on the initiative of prison staff; contrary to current regulations, this handcuffing had
lasted for about thirty minutes without being reported to the interregional department of prison
services (DISP).
In order to take the phenomena of agitation and refusal to obey on the part of patients
within UHSIs into account, protocols (in some cases not signed or dated) have sometimes been
elaborated. In one UHSI inspected, a document of this kind exclusively concerns cases of
physical restraint that do not fall within the scope of medical treatment but which constitute,
according the very terms used within the text, “corrective treatment”; oddly enough, actions of
this kind are prescribed by doctors but responsibility thereof falls to the prisons administration.
In another unit, the rules and regulations lay down the conduct to be followed in case of
incidents committed by hospitalised prisoners: “In cases of serious breaches of the teaching
hospital’s (CHU) rules and regulations committed by prisoners, the managing director of the
teaching hospital may in particular have them removed from the hospital as a disciplinary
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