that “numerous prisoners are transferred to this remand prison from other institutions by means
of order and security measures”. The inspectors indeed ascertained that this assertion was
correct. This remand prison has the reputation of being an institution “where discipline is firmly
maintained. Therefore, and quite naturally, prisoners whose behaviour is continually bad are sent
there”. Disciplinary assignments of this kind account for one fifth of the inmate population of
this institution.
2.2.6 The Solitary Confinement Regime
Article 726-1 of the code of criminal procedure and the circular issued by
the prisons administration department on 14 th April 2011 concerning the
placement of prisoners in solitary confinement state that such placements
may only be made “on the grounds of protection of the person concerned
or maintenance of the security of persons and of the institution. Such
decisions shall be based upon serious grounds and objective and
corroborating elements justifying fear of serious incidents on the part of the
prisoner or directed against them”.
Decisions to place prisoners in solitary confinement cannot therefore be taken for
reasons related to disciplinary considerations, that is to say as a replacement for disciplinary
sanctions or as an extension thereof.
Nevertheless, placement in solitary confinement following disciplinary measures is a
common practice within certain penal institutions. Indeed, under the guise of protection of
persons, a double sanction is imposed. Such is the case, in particular, when placement in solitary
confinement is justified on grounds similar to those for which the prisoner has already been
placed in a punishment cell.
In particular, the Contrôleur général was informed of the situation of one person who,
after being placed in a punishment wing, was granted a deferment of this measure by medical
decision. However, on the same day, a search performed upon the person’s cell led to their
placement in the solitary confinement wing. It therefore emerges that the repeated application of
these measures in very close succession led to the substitution of a solitary confinement measure
for placement in the punishment wing, which had become impossible. This constitutes misuse of
the procedure for placement in solitary confinement wings.
2.2.7 Misuse of Article 24 of the Act of 12th April 2000222
“With the exception of cases where decisions are taken on request,
individual decisions, which shall be justified in application of articles 1 and 2
of Act no. 79-587 of 11th July 1979 concerning the justification of
administrative acts and the improvement of relations between the
administration and the public, shall only take place after the person
concerned has been put in a position to present written remarks and, if
necessary, at their request, oral remarks. This person may enlist the
assistance of an adviser or be represented by an agent of their choice.”
The circular 9th May 2003 issued by the prisons administration department in application
of the above article 24 specifies that disciplinary proceedings fall within the field of application of
article 24, while conforming to special procedures. Consequently, in this section we will speak of
two distinct procedures that, for the sake of clarity, we will refer to as “disciplinary proceedings”
222
th
Act no. 2000-321 of 12 April 2000 concerning the rights of citizens in their relations with public administrations.
131
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