-
finally, the last paragraph of article 729-3 of the CPP is supplemented by the words 15:
“or when it concerns a woman who is over 12 weeks pregnant”.
Although the Contrôle Général naturally welcomes the adoption of these new
provisions, it will be certain to check the effectiveness of their practical
implementation, that is to say to verify whether everything is done in order
to avoid the imprisonment of women with children.
2.3
Opinion of 13th June 2013 concerning the possession of personal
documents by prisoners and their access to documents that can be
made available for discovery and inspection
The Contrôle Général published an Opinion in the Journal Officiel of 11th July 2013,
concerning the possession of personal documents by prisoners and their access to documents
that can be made available for discovery and inspection.
Article 42 of the Prisons Act provides that “every prisoner has the right to confidentiality
of their personal documents. These documents may be entrusted to the registry of the institution,
which places them at the disposal of the person concerned. Documents mentioning the grounds
for the committal of prisoners are compulsorily handed over to the registry on their arrival”.
The regime established by article 42 and concrete practice thereof do not adequately
guarantee respect for these rights, as shown by the evidence given by numerous prisoners as well
as registry staff to inspectors as, moreover, the latter were often able to ascertain this in the
course of their visits.
Indeed, in the facts of prison life, misplaced disclosure of personal information, and of
the grounds for committal to prison, is a reality which can lead to insults, threats and acts of
violence. Guaranteeing effective protection of personal documents is not merely a question of
protection of privacy, it is also, in a very concrete manner, a question of protection from physical
and psychological duress.
Conversely, this regime, which was intended to protect prisoners and their rights, has had
the perverse effect of being a source of difficulties for captives wishing to have access to
documents concerning them (in numerous institutions the consultation procedures are at best
unsatisfactory and at worst non-existent).
For this reason, in his Opinion of 13th June 2013, the Contrôleur général des lieux de privation
de liberté recommended an amendment of article 42 of the Prisons Act of 24th November 2009
and a review of the current regime for possession of personal documents, from the double point
of view of possession and discovery and inspection thereof. In particular, he recommended that
small lockers, equipped with locks, be made available to each prisoner in cells.
It can only be noted that no positive improvement can be ascertained from
the inspections conducted in 2014, quite the contrary: numerous letters sent
by prisoners to the Contrôle Général note lack of respect for the
confidentiality of information contained in these personal documents and
the difficulty of gaining free access to consultation and reproduction
thereof, and moreover of gaining free access to the rules applicable to daily
life in prison (rules of institutions and national rules).
15
The previous version of article 729-3 of the CPP was drafted as follows: “Parole may be granted to any person
sentenced to a prison term of four years or less, or for whom the amount of time left to serve is of four years or less,
where this person has parental rights over a child of less than ten years, who habitually lives with this parent […]".
28
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