-
and, on the other hand, the management of tobacco for disciplinary purposes.
Moreover, and in a general manner, the Contrôleur général would desire that all violence –
even minor – by adults against minors should be systematically brought to the attention of
State Prosecutor’s Offices; this violence, prohibited by the law and by the Convention on
the Rights of the Child of 20th November 1989 (article 19), cannot in any case whatsoever
constitute a response to contraventions.
5/ With regard to the management of discipline and sanctions in penal institutions
The Contrôleur général recommends to the Minister of Justice that changes should be made
to disciplinary regulations in penal institutions by statutory means, according to the
following principles and lines:
With regard to the implementation of disciplinary proceedings, this reform should
specify:
-
that inquiry reports leading to the opening of disciplinary proceedings should be drafted
in a sufficiently clear, specific and detailed manner (cf. above). For this purpose, the
Contrôleur général recommends the putting in place of specific training in the
conducting of inquiries and command of the written procedures involved for officers
and graded officers in charge of drafting reports;
-
that at the inquiry stage face to face comparison of evidence should be organised and
any possible witnesses heard, including at the time of the disciplinary hearing;
-
that all decisions to take no further action with regard to incident reports should be
brought to the attention of the prisoners concerned;
-
that the allowed time between the commission of the offence and appearance before
the disciplinary authority should be as short as possible and should not, in any case, be
greater than fifteen days.
With regard to the conduct of disciplinary hearings, new provisions should specify:
-
that disciplinary committee sessions should be held in a specifically dedicated and
equipped place, outside of punishment wings; a place conducive to the solemnity and
equanimity of inter partes proceedings and that the Declaration of the Rights of Man and
of the Citizen should be displayed there:
-
that prisoners occupying cells on their own should not have to pack their affairs prior to
appearing before the disciplinary committee;
-
that it is incumbent upon directors of institutions to specify the procedures for searches
upon prisoners called to appear before the disciplinary committee, in accordance with
article 57 of the Prisons Act of 24th November 2009, in such a manner as to avoid the
implementation of two strip searches in succession;
-
that the secretaryship of disciplinary committees should be entrusted to a member of
prison staff who is not an assessor; the prison officer-assessor should not
simultaneously be responsible for keeping order in the hearing.
141
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents