On 1 May 2008 overcrowding of jails was over 140% or nearly 14,000 people redundant when there were only 313 cells occupied.
Because of overcrowding almost generalized Judgments houses, asking the accused to receive a encellulement individual may be offered a place in a setting far removed from his place of habitual residence. It will be forced to choose between receive prison conditions worthy of a share and maintain family ties or direct contact with his lawyer on the other. "
The causes of this overcrowding are many (...) The reasons for this increase mainly reside in the hardening of the penalties imposed by the criminal courts and by increased use of remand in custody. Indeed, since 2002, a series of laws amended the penal policy by increasing its repressive dimension.
This trend is likely to increase with the introduction of the new law of 10 August 2007 which establishes minimum sentences so-called "floor" for repeat offenders. Judges may dismiss these minimum sentences, but are forced to motivate especially their decision. The Act establishes the impossibility of imposing a sentence other than imprisonment for the second repetition for many crimes.
Inflation prison since 2000 has continued. Thus, on 1 June 2008, 63,838 people were imprisoned or about 3,000 people more than the previous year on the same date. Consequently, more than 13,000 prisoners were redundant in relation to available seats is an average occupancy rate of almost 125%. Most institutions for penalties - reserved for serving long sentences - rarely exceed their maximum occupancy rate. It is for any other jails that have an average occupancy rate of 140%.
In 13 jails, the rate exceeds 200% and some even exceed the threshold of 220% as Bethune, Chambéry or La Roche-sur-Yon. It is estimated that seven out of ten prisoners are detained in overcrowded facilities.
Lack of staff
Prison staff are determined for each according to its theoretical maximum capacity, any overcrowding automatically creates a deficiency in terms of supervisors, social workers or administrative staff. This results in increased promiscuity suffered a deterioration of sanitary conditions because of reduced access to showers, delays lengthened for a medical consultation or difficulties in managing parlors. The tensions and violence between guards and inmates but also between prisoners are also more frequent. Such conditions are intolerable for inmates but for the prison staff who suffer all the failures of the French prison management. "
The cells
Commissioner calls on French authorities to recognize the new encellulement
individual as a right for all defendants, to ensure its implementation and
ensure separation between defendants and convicted.
Psychiatric care
Regarding the psychiatric care of sex offenders, the legislation seems to security considerations to prevent relapses rather than on providing care and support to these people during their detention. Some institutions, like the prison in Melun, are distinguished by the creation of managed care treatment for sex offenders, but they are exceptions not yet accessible to all detainees who should benefit. Commissioner calls on French authorities to develop such practices and allow inmates requiring special care to benefit.
Retention of safety
The Commissioner is concerned that the law does not distinguish among criminals involved in the retention of security that also applies to minors who have committed serious crimes. This provision goes against the taking into account the specific responsibility of minors.
In light of these observations, the Commissioner calls for extreme caution in implementing the retention of security that should be a measure of last resort.
Juvenile justice and reform of the Ordinance of 1945
The Commissioner believes that the problem of young offenders will not be solved by harsher penalties. A successful policy on juvenile delinquency on the contrary should involve measures to facilitate the prevention, rehabilitation and social integration of young people in difficulty. As the Committee on the Rights of the Child, "States parties should incorporate into their system of juvenile justice measures to deal with children in conflict with the law without resorting to
judicial proceedings ". The incarceration of minors must remain a last resort. "
Unlike some of the arguments heard, it also considers that the age at which criminal sanctions may be taken should be increased to move closer to the age of majority.
Administrative detention of foreigners
Living conditions in some detention centers remain difficult. The center of Vincennes seemed to crystallize many recriminations. It appears that petitions, attempted suicide, self harm and hunger strikes were unfortunately common in the center. They could be explained partly as a protest against their arrest. However, it also appears that foreigners challenging living conditions and dehumanized aspect of the center who had a total capacity of 280 people. Finally, it was reported to the Commissioner of tensions between foreigners and selected police forces in charge of managing the center and deposit of at least 13 criminal complaints by foreigners regarding the use of inappropriate methods even violent. The arson attack which destroyed the premises of the detention center in June 2008 was the culmination of these tensions. The Commissioner can only hope that such incidents will encourage the French authorities to critically review all conditions in detention centers and to humanize in consultation with the new Comptroller General of places of deprivation of liberty.
"The Commissioner called the French authorities that human rights and human dignity are respected in all administrative detention centers and that living conditions offered to foreigners held in Mayotte are immediately improved.
Arrests near schools
Several recent cases, including one verified by the Ombudsman for Children, where police have made arrests of children in the same enclosure of primary schools have been reported. Such a practice is unacceptable as it is traumatic for children. Schools must remain places of learning and education, not arrests areas. Commissioner calls on French authorities to ensure that no arrest children or parents should be made in or around schools.
Challenges for the prefecture
Of arrests also took place in the precincts even Prefectures. It seems that some administrative departments have developed strategies to encourage illegal aliens to come forward to the prefecture and call on the spot. If the invitations to come misleading report to the prefecture have since been banned by the French courts, prefectures continue to refuse to provide information by phone and require presentation prefecture of foreigners. Therefore, foreigners continue to stand at the counter in good faith to apply for regularization or inquire about the status of their application for asylum. In 2007, nearly 600 foreigners have been arrested and placed in rétention58. The prefecture became a place of hope but all fears among possibility of regulation and risk arrest. As schools, the Commissioner considers that the prefectures should be protected places where no foreigner should be stopped.
Incidents of evictions on commercial flights
When forced return of illegal aliens on commercial flights, some passengers up against the expulsion from the crew. (...) It happens that involves the police in retaliation, a small number of passengers protested peacefully or filmed the scene. They are then prosecuted for "obstructing the movement of aircraft," "contempt agent" or "inciting rebellion", placed in custody for several hours and prosecuted for the crime. Some passengers have even suffered the humiliation of intrusive body searches. In addition, they generally lose the benefit of their ticket and are sometimes put on a blacklist of airlines that prevents them from flying on the same company for six months. (...) The Commissioner urges the authorities to stop these practices immediately. "
Regularization of undocumented workers: an arbitrary application
Many observers and the media have reported that the number of adjustments had been predetermined by the competent ministerial authorities even before the examination of individual cases; this number being in both cases, well below the number of foreigners likely to meet all relevant requirements. This has created a predetermination application subjective and arbitrary or unequal regulation criteria.
These adjustments collective have also shown that many illegal aliens were fully integrated into French society and, although undocumented, they had for most of housing, work and contributed to the growth of the country by the payment of taxes. During his visit to the detention center Mesnil-Amelot, the Commissioner was able to confirm that impression by talking with selected which many had been arrested while traveling to their work.
Travelers and Roma
Many travelers are forced, for lack of alternatives, to live illegally parked. This non-compliance with the law Besson helps to create tension, since Travelers are not allowed to settle on campsites. Moreover, sanctions are particularly severe in case of parking on unauthorized land. (...)
It notes that Travelers, a French citizen, are subject to a duty exemption which does not apply to other French citizens. Under the law of 3 January 1969, people over 16 who have no fixed abode must have either a book of movement, if they do not have regular resources, or of a booklet of movement, if they have a professional activity. This book movement must be endorsed by an administrative authority every three months. (...)
The right to vote is granted to Travelers only three years after their attachment to a common administrative, whereas this period is six months for all other citizens. (...)
The Commissioner considers that these derogations establish a regime discriminates against Travelers. Most of these recommendations have already been made by the 2006 report, he called the French authorities to put an end without delay to this special treatment through the development of appropriate policies as recommended by the Council of Europe.
Excerpts of the Memorandum following the visit of waiting areas at the airport of Roissy and central administrative detention of Mesnil-Amelot
Foreigners arriving in France with no documents required for entering French territory are subject to investment in areas of expectations until their personal situation is considered by the authorities. At the airport of Roissy, it is generally the ZAPI 3, a shelter fulfilling the necessary conditions to host foreigners in question. During the period cited, which also corresponded to the holiday season, a very high number of foreigners arrived at Roissy in the space of several days. The vast majority of them were nationals of Somali origin or Russian Chechen seeking to stay in France. Very quickly, ZAPI 3 reached its maximum occupancy rate. The French authorities have decided to keep these foreigners first in the various police stations of the terminal, then in the boarding lounge B33. Neither the police nor the boarding lounge B33 were designed to house individuals. They contained no installation needed to enable a decent life of several dozen people for more than a few hours. Neither beds, or hot food or showers were available there. Unfortunately, as a first step, a number of people were forced to remain for several days, which is unacceptable. "
The Commissioner found that the effective exercise of basic rights such as to meet with a lawyer to visit the families and loved ones, that even to apply for asylum, was in practice very much limited.
Places expectations used to hold foreigners at the border, other than ZAPI 3, did not qualify for a normal exercise of these rights. Thus, no local isolated with free access to lawyers and associations were available.
A clearly reflect the increased presence of associations throughout the proceedings should be initiated.
