The CGLPL conducted a second visit to the CSMJS from 6th to
10th October 2014. It was then ascertained that no changes had been made
either to the organisation or to the premises since the previous visit.
After examination of the situation of the fifth person then placed in the secure medical
jurisprudence centre, the Contrôle Général had no other option than to renew the observations
made in 2013, noting that placement in the secure medical jurisprudence centre was used as a
sanction for failure to comply with obligations imposed upon the convicted prisoner within the
framework of secure surveillance; it can therefore only once again question the notion of a
“special danger” presented by certain persons due to the sole fact of failure to comply with
obligations placed upon them.
The CGLPL reasserts that this organisation cannot work and moreover
infringes the fundamental rights of persons held in this way. It once again
requests that reflection should be undertaken with regard to the justification
of this measure, which is not intended to be a punishment in the criminal
sense, but is currently applied in order to “sanction” persons who have
disregarded obligations set for secure surveillance, who are liable to be
placed in this centre for several years.
The report on the inspection conducted in 2014 was passed on to the Minister of Justice
as well as to the Minister of Health and Social Affairs on 18th November 2014, in order to allow
them to make their observations.
1.3
Actions taken in response to the Opinion of 24th March 2014
concerning the use of individual cells in prisons
As provided for by the Act of 15th June 2000, placement in individual cells on
presumption of innocence was supposed to come into effect on 15th June 2003. In fact,
application thereof was successively postponed to 2008 and then to 2009. Admittedly, the
Prisons Act of 2009 enables prisoners to request transfer to an institution where they can obtain
an individual cell if they so desire, but this progress is entirely relative: prisoners have to choose
between an individual cell and the maintenance of their family ties, a situation which is
completely unjustifiable. The Prisons Act of 2009 had postponed application of the individual
cell placement rule to 25th November 2014.
On 1st October 2014, 66,494 prisoners were held in French prisons – of whom 44,700 in
remand prisons, a quarter of these being on remand – with a total number of 58,054 places.
Prison overcrowding came to an average of 134% in remand prisons, although this level may
reach levels as high as 150% or 180%, or even up to 200% in institutions in French overseas
departments and territories.
Jean-Marie Delarue issued an Opinion on 24th March 2014, published in the
Journal Officiel of 23rd April 2014, in which he ruled out the scenario of a new
moratorium, deemed inappropriate, while recommending the progressive
establishment of individual cell placement over a five-year period, for the
benefit of certain prisoners: persons over sixty-five years of age, as well as
the sick, disabled and foreigners. He proposed the establishment of a list of
eligible types of prisoners by statutory means.
This proposal has not been examined by the authorities in spite of the fact that it would
enable individual cell placement, in strict compliance with the principles of the law, to the benefit
of certain categories of prisoners, determined by the authorities.
22
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