concerned: more than a third of the men declared having already had medical consultations (psychiatrist, psychologist or general practitioner) for reasons of a psychiatric order before imprisonment; 16% had undergone hospitalisation on psychiatric grounds256 with a substantial majority of the latter already having been subject to regular medical follow-up before their imprisonment. In total, taking anxiety-related disorders, mood-related disorders and dependency on drugs and alcohol, almost 80% of prisoners present a state of “psychic distress” according to this enquiry. Clearly many different causes contribute to levels of this magnitude. The disappearance of psychiatric hospitalisation beds (cf. below) is often blamed, but no causal link has been established. On the other hand, it is certain that the character attached to the criminal population, on the one hand, and the operation of judicial institutions, on the other, are important factors. In particular, the maintenance of the punishable character of offences committed when the person was affected by a psychic disorder “having altered their judgement” at the time of the acts, under the Penal Code (code pénal) since 1994 (article 122-1), has not only increased the number of persons convicted despite their having been affected by mental disorders, but has also increased the length of sentences, since it has been shown that in such scenarios judges are inclined to greater severity257. With regard to CEFs, a summary report issued by the French Senate at 12th July 2011 concerning the confinement of young offenders, notes, without providing details of the origin of this assertion, that “the majority of minors catered for in CEFs present more or less significant behavioural disorders, which in some cases require psychiatric treatment”. Neither did the Ministry of Justice provide any information with regard to the studies on which it based its decision in 2007 to equip certain CEFs with additional means enabling them to improve their handling of the “mental health” aspect. At the present time, the proportion of minors suffering from psychiatric disorders in CEFs still does not appear to have been studied in detail. However, the whole of the educational teams encountered by the inspectors, all CEFs included – the inspectors have visited forty-four of the latter – principally mention behavioural disorders resulting from educational shortcomings and emotional deprivation, without necessarily making them to duly-identified psychiatric disorders. Neither does it appear that precise figures have been published with regard to CRAs. Nonetheless, cases have been brought to the Contrôleur Général’s attention, both directly and through the letters that he receives, involving the situation of persons whose behaviour or state manifestly required psychiatric action, if only for the establishment of a diagnosis. Generally speaking, although it is acknowledged that living conditions have an influence on a person’s psychic state, it would not be surprising for some of those who have experienced traumas of all kinds in countries they have left, often leaving part of their family behind, to be suffering from psychological disorders; neither would it be surprising for the uprooting, isolation and social precarity, with which these persons are confronted on our territory, to give rise to or worsen such disorders. 2.2 Difficulties Attributable to the Person 2.2.1 Absence of Requests before Confinement 256 For women, the proportion of consultations for psychiatric reasons before imprisonment amounts to 40%; a quarter of women interviewed had been hospitalised before the incarceration on psychiatric grounds. A quarter of them had been diagnosed with a psychotic disorder at the time of the inquiry. 257 See the preparatory studies for the Bill submitted by Mr Jean-René LECERF to the Senate and adopted by the latter assembly on 25th of January 2011, on the report of Mr Jean-Pierre MICHEL (text no. 51, French Senate, 2010-2011). 162

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