the rare exception of a few long-stay institutions, exercise yards are always places in which there
is an absence of prison staff.
The Contrôle Général recommends a more active presence on the part of warders and
managerial staff in places of detention and among the prison population108.
2.2
Placement in Individual Cells, an Unkept Promise
Placement in individual cells, which is inscribed in the law and is likely to eradicate violence
within cells, is accessible in few remand prisons, due to their overcrowding. In order to limit
violence, directors send victims to different cells or assign them to the solitary confinement wing.
Unfortunately, it is obvious that the deadline (25th November 2014) granted to the prisons
administration for the implementation of this measure will not be respected.
On the other hand, the Contrôleurs have had the occasion to ascertain that, in many
institutions, since they are unable to bring placement in individual cells into general use, the
managers endeavour to apply the recommendations of article 8 of decree no. 2010 – 1635 of 23rd
December 2010109 in particular the separation of untried prisoners and convicted prisoners.
The Contrôle Général recommends that the Act concerning placement in individual cells be
applied.
If this objective cannot be entirely met for the time being, the regulations need to
endeavour to meet in in phases, applying the measure to certain categories showing specific
features of vulnerability (non French-speaking persons, deaf and dumb persons etc.).
2.3
Prevention of Suicide: Efforts showing little Reward
Article 7 of the Prisons Act specifies that “decree determines the conditions under which an
independent watchdog […] draws up an annual and public report also including […] the suicide
rate per penal institution. This report sets out an assessment of the actions conducted within
prisons with a view to […] suicide prevention”. Since the decree has not been issued, a report of
this kind has never been handed over to the inspectors.
On the other hand, the latter can testify to the seriousness with which cases of prisoners
presenting risks of suicide are examined within the single multidisciplinary committees (CPU)
instituted by article 7 of decree no. 2010-1635 of 23rd December 2010. Sometimes, medical and
healthcare staff do not take part in these meetings, for reasons of compliance with medical
secrecy. Comparison of views with professionals in any case needs to be organised in order to
ensure better knowledge of prisoners and thereby enable suicide prevention.
The conscientiousness with which prison officers keep watch on persons reported as
being psychologically fragile during checks at night has also been noted. Certain persons, who are
thus regularly awakened, complained of the disruption caused to their sleep. The installation of a
camera inside the cell in order to monitor the prisoner without disturbing them, which is
sometimes suggested, would be a worse remedy than the problem that it is intended to cure,
108
Cf. Recommendations concerning the remand prison of Villefranche-sur-Saône, Journal officiel of 6th January
2009, and § 4 in particular.
109
"When the regime of placement in individual cells is not applied, it is incumbent upon the head of the institution to
separate:
1/ Prisoners on remand and convicted prisoners;
2/ Prisoners having reached the age of majority in prison and of less than 21 years of age, from other adult prisoners;
3/ Prisoners serving their first custodial sentences and those having already been imprisoned on multiple occasions;
4/ Solvent persons imprisoned for non-payment of certain fines (contrainte judiciaire)".
89
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