prison regimes cannot infringe the rights mentioned under article 22 of
Prisons Act no. 2009-1436 of 24th November 2009.
Long-term detention centres – and “long-stay detention” wings of prisons - are
everywhere organised according to a differentiated prison regime with different rules for different
accommodation areas, which in most cases are constituted by the various floors of the same
building. Long-stay prisons and remand prisons may also be subject to this type of internal
organisation, on an experimental basis, at the initiative of the director of the institution 221.
In most cases, differentiated regimes are applied with three different
arrangements:
First arrangement: the “trust” or ‘improved” regime, with longer time slots for the
opening of cells, allowing persons to have the benefit of freer access to the telephone, the
exercise yard and the activity room of the wing where, if the need arises, meals may be eaten in
common.
Second arrangement: the “common” or “ordinary” regime, with shorter time slots in
which the doors of cells are open.
Third arrangement: the “controlled”, “strict” or “closed” regime, often located on the
ground floor of the building, is the only one in which prisoners are never given the key to the
“comfort lock” of their cells and therefore never control the opening thereof. The “closed”
regime is the regime traditionally applied in remand prisons and long-stay prisons.
The assignment of prisoners to particular regimes and changes of allocation are
sometimes decided upon by the managerial staff of the wing and subsequently validated by the
single multidisciplinary committee (CPU). The situation of persons placed under the closed
regime has to be reviewed at regular intervals. Nevertheless, it was noted that prisoners could
sometimes be kept under this regime throughout the entire duration of their stay inside an
institution.
The reasons for placing prisoners under particular regimes are not always set out in the
rules and regulations. When they are, it is sometimes in general and unspecific terms: “general
day-to-day behaviour of the prisoner”; “protection of vulnerable persons”, “involvement in
projects of preparation for release”, “attitude incompatible with an open door regime” etc.
Certain cases referred to the Contrôleur général show that these assessment criteria, which are
extremely broad, give rise to assignment to closed regimes on grounds such as the “impatient
character of one, the state of agitation of the other” etc.
Moreover, the aforementioned circular form the prisons administration department of
20th July 2009 specifies that “it goes without saying that the differentiation of regimes cannot in
any case be used in response to behaviour liable to constitute a disciplinary fault”.
The vagueness surrounding the grounds and procedures for assignment to
particular regimes reinforces the suspicion of being a victim of a disguised
sanction on the part of prisoners placed in closed regimes.
This impression may prove to be justified in certain cases.
Numerous testimonies from prisoners report almost systematic placement in controlled
regimes after disciplinary sanctions, as one prisoner thus recounts: “on 15 th November 2011, I
had a fight with a prisoner (I was defending myself), I went to the courtroom with the other
prisoner, he was given 15 days in the punishment wing (QD), I was given 10 days’ confinement
221
Prisons administration department circular of 20th July 2009 concerning the methods of implementation of
differentiated regimes within prisons.
126
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