As shown by the report's trends between the number of prison places and size of the prison
population over the last thirty years - or even the trends we have just outlined for the past two years the construction of new penal institutions is not sufficient in itself to curb this phenomenon, which is
driven by changes in prison policy: new criminal offences have been created and increasingly
oppressive prison policies have been rolled out, such that the places created have quickly been filled.
In this regard, the 15,000 new prison places headlined is somewhat of an empty pledge. Yes,
this volume would make it possible to cover the current apparent need, which is around 10,000
places, but in reality, only some 4,000 places will be created over the five-year term. This will in no
way resolve the current crisis - especially since nothing is being done in parallel to reverse the upward
trend concerning the number of prison sentences handed down and their length. What is more, this
construction policy is being carried out at the expense of upgrading the existing building stock and
alternatives to imprisonment since, as a group of 27 associations and unions 9 has quite rightly pointed
out, the draft justice budget for 2018 is unlocking €26m "to launch an initial round of 5 remand
prisons and 6 preparation for release wings as well as the acquisition of land" but is doing so "to the
detriment of upgrading the existing building stock", funds for which are down by 33% compared with
2017, and neglects alternatives to imprisonment since "the appropriations for electronic bracelet
rentals are down by 27% compared with 2017".
On the basis of these findings, in 2017 the CGLPL devoted a considerable amount of time to
drafting a thematic report on prison overcrowding, which was published in early 2018. The aim of this
report is to demonstrate the consequences of prison overcrowding on all prisoner rights and to put
forward a series of measures bearing on prison policy and prison management with the potential of
reversing the steady rise in France's prison population.
2.4
The time for action has come
During the symposium organised to mark ten years since the Act of 30 October 2007
establishing a Contrôleur général des lieux de privation de liberté (Chief Inspector of places of
deprivation of liberty), the Chief Inspector acknowledged the many parliamentary or administrative
studies that have tackled the subject of French prisons and which allow us to conclude that, today,
there is a consensus on the assessment.
The President of the Republic mentioned the broad outlines in his keynote address given on
31 October 2017 to the European Court of Human Rights.
A number of parliamentary studies have followed since the ones conducted by MPs Mermaz
& Floch: "La France face à ses prisons" (France and its prisons), and Senators Hyest & Cabanel: "Prisons,
une humiliation pour la République" (Prisons, a humiliation for the Republic), both published in 2000,
through to the ones which the then-President of the French National Assembly’s Committee of Laws,
Mr Urvoas, dedicated to individual cell allocation.
The Government also has a plethora of literature at its disposal, which it has either
commissioned or authored. These particularly include the report from the consensus conference Pour
9
Letter undated, to the Honourable Members of Parliament, "Prison budget for 2018 - For an informed vote" from:
Association des avocats pour la défense des droits des détenus, Action des chrétiens pour l’abolition de la torture,
Association des avocats pénalistes, Aides, Association nationale des assesseurs extérieurs en commission de discipline des
établissements pénitentiaires, Association nationale des juges de l’application des peines, Association nationale des
visiteurs de prisons, Ban public, Centre d’action sociale protestant-Association réflexion action prison justice, CGT
Insertion-Probation, Chantiers-Passerelles/Forum du TIG, La Cimade, Citoyens et justice, Courrier de Bovet, Emmaüs
France, Fédération des associations réflexion action prison justice, Fédération des acteurs de la solidarité, Génépi, Ligue
des droits de l’homme, Lire pour en sortir, Section française de l’Observatoire international des prisons, Prison Insider,
Syndicat des avocats de France, Secours catholique, Syndicat national de l’ensemble des personnels de l’administration
pénitentiaire-FSU, Syndicat national des personnels de l’éducation et du social-Protection judiciaire de la jeunesse-FSU,
Syndicat de la magistrature.
23
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