the latter do not in general re-examine the situation of the persons concerned with regard to new elements that nevertheless weigh in their favour: discontinuance of proceedings, acquittals, quashing of decisions by the DISP etc. This absence of restoration of former privileges with regard to the execution of sentences would be felt extremely unfair by the persons concerned. In addition, they find themselves devoid of any effective remedy within this framework, the JAP’s order having become final in the meantime. 2.3 Unlawful Practices for the Purposes of Punishment 2.3.1 Access to Activities and Consideration of Applications Arbitrary management of access to recreational, professional and training activities is probably one of the disguised sanctions most frequently described to the Contrôleur général. The cases taken up by the Contrôleur général have continually made it possible to ascertain that certain prisoners encounter difficulties in gaining access to activities, sports in particular, officially on the grounds that “the processing of applications requires more or less time”. The director of one of these penal institutions, to whom the Contrôleur général referred these matters, ascertained that the required times could vary according to the level of occupancy of the institution and management errors. Nevertheless, it emerges from the letters that these “management errors” were largely to the advantage of certain persons and systematically to the disadvantage of others. The five persons concerned, having referred their cases to the Contrôleur général independently of each other, and at different times, unanimously emphasised that applications for access to activities were not dealt with in chronological order. 2.3.2 Daily Bullying Deprivation of activities, exercise and even meals is regularly denounced to the Contrôleur général. By way of example, one case was referred to the Contrôleur général involving a person who declared that they had confrontational relations with the warders. This person sent the Contrôleur général a sheet summarising the distribution of meals within the wing to which they are assigned. It emerges from an examination of this sheet that over a fifteen-day period this person had received meals that were totally inappropriate to their physical condition. Indeed, and despite the fact that the distribution of special meals has to be expressly requested from the administration and justified by medical certificates, the person concerned had variously received meals reserved for persons with no teeth, for persons suffering from diabetes, and for vegetarians. He sometimes received no meal at all, his name effectively not appearing on the list of meals distributed. Similarly, another situation denounced to the Contrôleur général involved a prisoner who, after having lodged several appeals against decisions by the management of the institution before the director of the interregional department of prison services, apparently suffered reprisals of the same kind and was given meals consisting of blended foods, despite the fact that this type of diet is normally allocated to persons with precise medical symptoms. Although it is difficult to establish a definite causal connection between the measures taken against prisoners and desire for reprisals on the part of staff with whom confrontational relations may exist, this type of 136

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