much rarer. The hydraulic press policy therefore prevails: bulky budgets are squeezed until they
become as flat as a board, without showing too much concern for the point of what becomes of
the excess (certainly not an increase in surface area…). In short, a kind of article 40 of the
Constitution has henceforth become an integral part of the personality of each public servant.
Thus the living conditions of persons deprived on liberty deteriorate, as well as the working
conditions of those in charge of them. One might consider that this gives cause for satisfaction.
One would be mistaken.
It goes without saying, security is an essential consideration for all action on the part of
the authorities. Dyed-in-the wool actors (that is to say since 1995, the date at which the right of
security – which is not the right of security of the Declaration of the Rights of Man and of the
Citizen of 1789 – was included in interior law) and new converts stress this point: there can be no
measures which weaken security, or above all, which appear to weaken it. Since it is difficult to
gauge either the direct or indeed the indirect effects of a given measure in relation to “rises” (or
falls) in the rate of crime. The latter is easily circumscribed to individual data concerning sex, age,
level of wealth (or adversity) and family situation. Moreover, causal links with government
decisions are tenuous, or even unpredictable. But little matter, it is thought necessary to keep to
the tried and tested pedagogy of display of muscles.
Measures therefore have to be found which are bound to convince, from the moment
that they are not exposed to criticism on the basis of any of these “obvious facts”.
The Contrôle Général has been putting forward proposals of this kind for almost six years.
Admittedly, not all of its recommendations are of this kind: some of them are even costly.
However, a considerable number of its proposals meet the conditions.
To legislate? This means overlooking that the law cannot do everything, as perfectly
illustrated by the example of the Prisons Act of 24th November 2009, of which the practical
effects in prison are slow to take shape92. Or rather, legal provisions, which the trembling hand
amends, come up against numerous texts, instructions and memoranda of all kinds, as well as
deeply-rooted practices, entrenched habits and different institutional cultures, which it is
incumbent upon the authorities to change with a firm hand.
Spending? Among these measures, some cost very little or nothing. This involves taking a
different approach, with the same means and the same staff and even, if possible, consolidating
officials’ interests, and increasing their productivity in the process. It means, handling persons
deprived of liberty in a more dignified manner, reducing tensions, and therefore facilitating
change and return to normal life (that is to say without recidivist behaviours) on release.
Undermining security? Who would be so excessive as to be in favour of insecurity?
Security is clearly a common good and the principle thereof is not in dispute, but rather the
means of achieving it. In this respect, it has indeed often been shown in these reports that
responses to requirements in this regard comprised improvisations, inappropriate responses and
wholly irrational choices. Everybody has a right to security, including the staff of places of
deprivation of liberty, whose profession is difficult. However, this right is not solely ensured by
the thickness of the walls and the strictness of the discipline. It also requires respect for human
dignity, through equal consideration for all and patient and multiple dialogue. During a period of
deprivation of the liberty of a person, which is by its nature a trying time, each person should not
only feel responsible for what takes place (or does not take place) during this period, but also for
what will happen afterwards.
For several years, in its Annual Reports, public opinions and reports, and inspection
reports, the Contrôle Général has emphasised the measures which appear to it to be necessary and
92
Cf. section 4 below concerning the implementation of this Act.
81
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