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
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