Cases are often referred to the Contrôleur Général with regard to the situation
of persons who have been waiting, for more than nine months, for their
assignment to a penal institution for convicted prisoners. Indeed, actual
transfer of persons may occur many months after notification of the
assignment decision, it having been impossible for the decision to be
implemented, due to lack of available space in the selected penal institution
for convicted prisoners.
In the Parisian region (in the broad sense of the term), contrary to the declared objectives,
the opening of new institutions198 has not made it possible to reduce particularly long waiting
times; in August 2013, the waiting periods for assignment to the long-term detention centres of
Meaux-Chauconin and Melun were of around two years. The institutions of the South-East of
France are also particularly congested: it is necessary to wait eighteen months for assignment to
the penal institutions for convicted prisoners of Avignon-Le Pontet, Salon-de-Provence and
Tarascon, and twenty-four months for transfer to Toulon-La Farlède199.
Although the prisons administration Department keeps an estimated table of waiting times
for decisions coming within its jurisdiction, no information is available with regard to
assignment waiting times for persons coming under the authority of the DISP. Heads of
institutions are in the dark on this point and are often unable to provide reliable information
to the persons for whom they are responsible.
According to the central administration, the Interregional Department’s waiting times for
assignment are in general shorter, the turnover of prisoners being much larger in view of the
length of the sentences pronounced against them.
The Contrôleur Général, who has taken up cases with the DISPs on the
question of waiting times for assignment, observes that the management of
places and persons remains particularly obscure.
It is not clear that the chronological order of assignment decisions is respected in the
organisation of transfers. Moreover, the quality of relations between heads of institutions and the
services of the security and detention Department of the DISP can prove decisive for the
“negotiation” of more or less rapid departures, more or less in accordance with the prisoner’s
wishes. Thus prisoners may have legitimate grounds to raise questions concerning the
mechanisms and approaches implemented with regard to choice and waiting period for initial
assignment.
The state of overcrowding of remand prisons may, moreover, lead to persons being
transferred to penal institutions for convicted prisoners, to the detriment of their personal
situation and their stated wishes: “it must be remembered that the waiting list is very long for assignment to
the CP of Avignon Le Pontet […] Mr X agrees to a compromise for assignment to the CD of Tarascon”; “a
transfer decision to the long-term detention centre of Châteaudun was made with regard to Mr Y. He had requested
the CP of Réau in priority, and that of Meaux as second choice. However, the waiting times for Meaux are
currently of around fifteen months and those for Réau, which are tending to become shorter, remain longer than
eight months”; “Indeed, Mr X was assigned to the long-term detention centre of Neuvic [in order to] have the
benefit, in the shortest possible time, of the regime offered by long-term detention centres. At the time, Mr X had
not produced any document proving family ties in Belgium”200. One person having requested a transfer
prison of Poitiers-Vivonne for the maintenance of family ties was informed of an initial
198
Prisons of Réau, Lille-Annœullin, Le Havre and Condé-sur-Sarthe.
It should be noted that these approximate waiting times are calculated as from the assignment decision taken by the
prisons administration and not from the date at which the sentence became definitive.
200
Mr X's orientation file mentioned a request for assignment to an institution in the North or Pas-de-Calais in order
to be closer to his wife and daughter domiciled in Belgium.
199
124
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