doctrine of the prisons administration has remained unchanged since 2003, that is to say strict
application of the “closed doors” regime within long-stay prisons and wings of long-stay prisons.
It should be noted that the European Committee for the Prevention of Torture (CPT)
has tried, on numerous occasions, to alert the French government to “the necessity of providing
prisoners serving long sentences with regimes offsetting the de-socialising effects of long-term imprisonment in a
positive and proactive manner”188.
8.3
Diversion of the Right of Assignment
From their first visits to institutions, the inspectors ascertain the presence in remand
prisons, of convicted prisoners waiting to serve their sentences in suitable institutions, sometimes
for several years. Cases have been referred to the Contrôleur Général on several occasions, by
persons expressing their incomprehension and discouragement with regard to the waiting times
for transfer to penal institutions for convicted prisoners.
Accommodation in a long-term detention centre enables persons to have
the benefit of more favourable conditions of imprisonment, specific prison
support and even suitable medical care. With regard to conditions of
detention in remand prisons, the question of assignment to a penal
institution for convicted prisoners is particularly important for certain
convicted persons serving medium or long-term sentences, who have
already spent numerous years of detention in remand prisons.
Conversely, certain persons wish to be kept in remand prisons in order to maintain their
family ties and prepare for their rehabilitation in their region of origin.
Article 88 of the Prisons Act of 24th of November 2009 introduces a right for persons
with more than two years remaining to serve, to request transfer to a penal institution for
convicted prisoners, within a period of nine months from the day on which their sentence
becomes definitive. However, it allows convicted prisoners to be maintained in remand prisons
when reduced sentencing is imminent.
The waiting times for assignment to penal institutions for convicted prisoners result from
three factors: putting the orientation file together, the assignment decision taken by the
Interregional Department of Prison Services (DISP) or the central administration189 and the
execution of the transfer properly speaking.
8.3.1 The Orientation Procedure
In application of article D .75 of the Code of Criminal Procedure, the orientation
procedure [i.e. establishing a plan for the enforcement of the sentence] is compulsorily
implemented for convicted prisoners with more than two years remaining to serve190. It is
optional in other cases, in view, in particular, of the convicted prisoner’s personality, the
188
Report to the government of the French republic concerning the visit conducted in France by the CPT from 11th to
17 of June 2003.
189
The respective areas of authority of the interregional departments and of the Ministry of Justice are fixed by article
D .80 of the Code of Criminal Procedure.
190
Cf. below on absence of implementation of the orientation procedure in clear cases of imminent reduced
sentencing.
th
121
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