actual practices with regard to the confiscation of items. The latter will only really change as a
result of a firm and daily commitment on the part of department heads to ensure strict
application of the texts.
3.2 The practice of Religion in Prisons
In her response of March 2011 to the Contrôleur général’s assessment concerning the
practice of religions in places of deprivation of liberty 185, the Minister of Justice announced that a
circular was in the course of elaboration on the subject. To the knowledge of the Contrôleur
général des lieux de privation de liberté, the circular has still not been issued at the time of writing
of this report in December 2012.
However, difficulties remain with regard to the exercise of religions in prison. The prison
administration continues not to approve representatives of certain religions as chaplains, despite
persistent requests from the latter who, for all that, belong to religious associations governed by
the act of 1905. This situation is a cause of tensions and recently led to the overruling of a refusal
of approval of this kind and the condemnation of the State for prejudice suffered due to the
violation of religious freedom by the prison authorities 186.
The Contrôleur général is also deeply concerned to ascertain the very small number of
Muslim chaplains in places of imprisonment, which is radically at odds with the requirements of
the prison population and gives rise to legitimate feelings of discrimination, the growth of which
is not without effect upon the atmosphere within certain institutions. The Contrôleur général also
notes that too many institutions still do not have a room exclusively devoted to religious services.
In one recently inspected institution, the activity room, which is also used for religious services, is
not available on Fridays because entertainment events are held there. The absence of a Muslim
chaplain makes it possible to explain such a use of the room. However, this can only give rise to
suspicions and frustrations on the part of prisoners of the Muslim faith, who have long been
calling for the presence of a chaplain.
Finally the Contrôleur général still cannot ascertain any commitment to ensuring that
prisons (along with places of deprivation of liberty as a whole) are organised in order to provide
food in accordance with the practices of the various religions of persons deprived of liberty.
However, the obstacles to such changes are neither organisational nor economic in nature, as the
Contrôleur général emphasised in his assessment of March 2011.
3.3 Supervision of Prison Staff
Supervision is the possibility given to officers of discussing the manner in which they accomplish
their duties, with complete confidence and within the framework of an equal relationship, in
particular when these duties pose difficulties which may even have repercussions on their
personal lives, in order to gain a better understanding of the factors involved. Such discussions
may take place during or outside of their working hours and at their places of work or elsewhere.
This definition of supervision was given by the Contrôleur général on 17th June 2011
within the framework of an assessment issued on the subject. Therein he recommended the
systematic implementation of supervision of officials and soldiers entrusted with surveillance and
security duties.
185
186
Assessment published in the Journal officiel of 17th April 2011 and available on the www.cglpl.fr website.
th
Administrative Court of Rouen, ruling of 11 October 2012.
86
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents