2.6
A strange relation to the norm
Article 11 of the Prisons Act provides for the creation of a code of
professional ethics of the public prisons services, established by decree of
the Council of State, fixing the rules that are to be complied with and the
taking of an oath. This Code is intended in particular to ensure a respectful
approach to dealing with persons deprived of liberty.
The creation of a code of professional ethics for the public prison service was established
by the decree of 30th December 2010. It recommends that the code be handed over to every
official and displayed in penal institutions in such a manner that it is also brought to the attention
of persons placed in custody.
At the time of their visits, the inspectors noted that the code of professional ethics was
displayed in the majority of institutions inspected. However, it is rarely displayed in detention
areas. Moreover, although the whole of the staff having graduated from the School of the French
National Prisons Administration (Ecole nationale de l’administration pénitentiaire) since the decree have
taken the oath, few prison officers already in service have done so. At the time of inspections, it
did not appear to the inspectors that staff had assimilated the code of professional ethics. To take
one example: the use of the informal “tu” form when addressing prisoners remains widespread,
whereas it is prohibited in the code. This may not be a sign of disrespect, but rather the
manifestation of a desire for familiarity in order to create relations conducive to defusing current
or possible situations of conflict or more simply an approach that is part of the history of the
institution.
The Contrôleur Général recommends that the code of professional ethics be displayed in
places of detention and the formal “vous” form be used by prison officers in addressing
prisoners, as provided for under the code of professional ethics.
3.
Access to information: How to overcome fears?
In prison, the issue of access to law and clarity thereof is crucial. Producing
texts is futile if prisoners are not aware of them and cannot take advantage
of them in their daily lives114.
3.1
In Search of Rules and Regulations
Drawing upon the Conclusions of the Report of the Committee Chaired by Mr Canivet, article
86 of the Prisons Act calls for the drawing up of model rules and regulations for each of the
categories of prisons, in particular in order to standardise the rules within institutions of the same
legal nature. The decree of the Council of State which determines the contents thereof was issued
at 30th of April 2013, that is to say more than four years after the Act was voted.
The time required for the drafting of this norm provides a good illustration of the
importance that was granted to this standardisation of the rules of prison life. From checks in
prisons, at the time of visits by the inspectors, it emerges that in many cases the rules and
regulations are in the course of being updated or awaiting validation at a higher level.115
Apart from being updated, rules and regulations are nonetheless without value if they are
not distributed to the prison population. At the present time, whether updated or not, the
114
See Section 9 below, the figure of the “litigious person”.
The initial responses, which were often made to the issuing of the decree of the Council of State served to mask the
management teams’ difficulties in designing a tool which, by its very nature, was not envisaged as an asset but as an
excessively restrictive norm.
115
92
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