Opinion of 20th June 201142 concerning
access to IT facilities for persons in
detention
1/ Article 11 of the Declaration of the Rights of Man and of the Citizen
of 1789 provides that “the free communication of ideas and opinions
is one of the most precious of the rights of man: every citizen may,
accordingly, speak, write, and print freely, but shall be responsible for
such abuses of this freedom as shall be defined by law”.43
This right is one of particular relevance to persons held in custody in
that, as indicated by the Constitutional Council, “freedom of expression
and communication is all the more precious, in that exercising it is a
pre-condition of democracy and one of the guarantees ensuring that
other people’s rights and freedoms are observed” (Constitutional
Council, decision n°2009-580 of 10th June 2009, recital 15). It is
therefore incumbent on the prison authorities to guarantee this
right, subject solely to the reserves necessary to maintain security
and good order in prisons, to prevent re-offending and to protect
victims’ interests (as indicated by Article 22 of the Penitentiary law of
24th November 2009).44 In other words, this authority cannot impose
any limitations on freedom of information other than those dictated
by the requirements of security, the future of persons held in custody
and the well-being of their victims.
2/ The information and communication tools of our own era
include on-line services, to which the principle set forth above also
applies. Again, as indicated by the Constitutional Council (in the
abovementioned decision, recital 12), “having regard to the widespread
development of on-line services and to the growing importance of these
services in terms of participating in democratic life and expressing ideas
and opinions”, the right to free communication of ideas and opinions
Published in the Journal Officiel de la République française of 12th July 2011, text
n°82.
43
Declaration of the Rights of Man and the Citizen of 1789: http://www.historyguide.
org/intellect/declaration.html
44
French penitentiary law n°2009-1436 of 24th November 2009: http://www.
legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000021312171&categorieLien
=id (in French).
42
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