-
and that, in accordance with the recommendations made by the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT) in its annual report for 2010, this register should record “the time of
commencement and ending of the measure, the specific circumstances of the case, the
reasons for which the measure was used, the name of the doctor who ordered and
approved it and, if necessary, an account of the injuries suffered by patients or members
of staff”. This register should be presented to all inspecting authorities;
With specific regard to hospitalised prisoners, the Contrôleur général recommends:
-
that prisoners hospitalised by court order in mental health institutions should not be
systematically placed in seclusion rooms throughout the entire time of their stay, on
grounds solely connected with security and discipline and not for therapeutic reasons;
-
that an interministerial circular (Justice/Health/Interior) should be taken concerning the
care and treatment of prisoners hospitalised in secure rooms in hospitals and the
handling of incidents;
-
finally, that a clear and precise definition of the respective authority and allocated roles
of the health authorities and the prisons administration with regard to the settlement of
disciplinary incidents should be added to each UHSI protocol drawn up in application
of article 5 of the order of 24th August 2000 concerning the creation of UHSIs 2/ With
regard to detention centres for illegal immigrants.
3/ With regard to the management of discipline and sanctions in detention centres for illegal
immigrants
While noting the practice of using exclusion rooms for disciplinary purposes, the Contrôleur
général recommends:
-
on the one hand that a disciplinary procedure within detention centres and the
procedures for its enforcement should be set out within a legal framework while, in
particular, fixing a maximum duration for the placement of detainees in solitary
confinement;
-
on the other hand, that a register should be opened, specifically devoted to such
placements in solitary confinement, which mentions, as a minimum, the grounds, time
of commencement and end of the placement as well as the authority carrying out the
measure – the judicial authorities should be notified immediately – while also making
provision for exclusion supervision procedures (frequency of patrols, medical care and
treatment, use of means of physical restraint).
4/ With regard to the management of discipline and sanctions in young offenders’ institutions
The Contrôleur général recommends that the Minister of Justice should enact a general
normative framework, which could take the form of a decree, concerning disciplinary rules
in young offenders’ institutions. In order to ensure fairness towards minors and consistency
between adults, professionals should be able to refer to a scale of sanctions for guidance,
while being able to adapt them to the individual requirements of the minor in question.
This norm would rule out certain sanctions:
-
on the once hand restrictions upon or prohibition of contact with families, for whatever
reason, as recommended by the United Nations resolutions, referred to as the Havana
Rules;
140
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents