Studying the individual situations of five people placed in CSMJS since its opening has
shown that, for each of them, the placement in preventive detention was used as a punishment for
not complying with the obligations imposed on the convict related to a preventive surveillance,
even though their dangerousness was not proven. The possibility offered by law to indefinitely
keep a person imprisoned on the grounds that he exhibits a very high probability of repeating his
offence, combined with severe personality problems, constitutes a new institution of penal law,
which removes the objective link between guilt and responsibility, between offence and
punishment, and replaces it with the concept of dangerousness. In addition to its subjective nature,
the concept of potential dangerousness must be considered to be contrary to the fundamental
principles of French criminal law, in particular to those of the legality of crimes and penalties and
of the proportionality of the penal response.
Due to all of these reasons, the CGLPL recommended that the measure of
preventive detention should be removed.
In her reply dated 13 November 2015, the Minister of Justice stated that she has asked the
committee, chaired by Mr Bruno Cotte, to re-examine the consistency and soundness of the
security measures and punishments that could be classified as preventive measures (socio-judicial
monitoring, court supervision, preventive detention and preventive surveillance) before the end of
2015. As regards the medical and psychological monitoring, the Minister specified that the
detainees benefit from a medical-psychological treatment and a healthcare project that combines
individual and collective treatment, and considering that it is offered to detainees, a continuous
medical, psychological and social treatment is offered, aiming at ending the use of preventive
detention. She added that the detainees can benefit from cultural, leisure and sports activities, for
which the supervision and organisation is carried out by the educators. Sector-based social workers
are in charge of monitoring the detainees in exercising the maintaining of family bonds, their
welfare rights and their reintegration processes, whereas the SPIP of Val-de-Marne carries out the
interface functions between the services of the CSMJS and the legal authority. Finally, the Minister
specified that the CSMJS is located in the premises of the EPSNF, a sui generis structure meant for
healthcare purposes, and its special feature is that it operates under the aegis of the dual auspices
of the Minister of Justice and the Minister of Health.
The committee chaired by Mr Bruno Cotte submitted its Report on the rewriting of sentencing
law to the Keeper of the Seals on 18 December 2015. These works fall in line with the position of
the Contrôleur général and recommend abandoning preventive detention in these terms: “the
observation thus made that highlights a real fragility of preventive detention and surveillance in
terms of its conventional use, the most limited application currently practised for these measures,
the significant inaccuracy of the concept of dangerousness that is nevertheless one of the
conditions for them to be implemented, the existence of similar measures capable, once redefined,
to meet the same necessary requirement of preventing a reoccurrence of an offence, have all led
the committee to recommend the repealing of both of these measures8”.
Therefore, the Contrôleur général will keep an eye on the consequences of these
recommendations on the Minister of Justice, and reiterates her recommendation for repealing the
preventive detention measure.
8
Report on the rewriting of sentencing law, Committee chaired by Mr Bruno Cotte, 18 December 2015, page 51.
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