Life in prison: security regulations, activities, links with the outside world
Verified 31 December 2022 - Directorate for Legal and Administrative Information (Prime Minister)
The rights and duties of the detained person are determined by the prison regulations. In particular, the detainee has the right of access and correspondence. He can also call outside. These rights may be curtailed if the detainee is in pretrial detention. The convicted person and the person in pretrial detention may seek legal redress if they consider themselves to be victims of poor conditions of detention.
Condemned
Rules and regulations In each prison, a doctor determines the rights and duties of the inmates. It is available at the hotel's media library.
The main provisions of the Regulation are set out in the guide to the rights and duties of the detained person postponed upon arrival. Rules and regulations If the inmate is unable to read, the document must be read to him in his original language, with the assistance of an interpreter if necessary.
Full searches of detainees should only be carried out if pat-downs or the use of electronic detection means are insufficient.
There shall be no internal bodily investigations unless they are justified by a specially justified imperative. In this case, it is necessary to call on a doctor outside the prison, designated by the judicial authority.
Full-entrance excavation
For security reasons, inmates who access the penitentiary are routinely subjected to a full search. Except for those who had remained under constant surveillance by prison officials or law enforcement.
Full search justified by the inmate's behavior
The conduct of an inmate may warrant full searches in any of the following circumstances:
- The prisoner is suspected of having committed an offense in prison
- The inmate's behavior endangers the safety of persons and the maintenance of good order in the institution
The searches must not be permanent and systematic, but must be tailored to the inmate's personality and the institution's security objective.
They may nevertheless be carried out systematically where the requirements of public order and the constraints of the public prison service so require. In this case, the head of the institution must make a decision for a maximum of 3 months renewable after a new examination of the detainee's situation.
Full search justified by entry of contraband
Full searches may be carried out on prisoners who are not personally implicated, where there are serious grounds for suspecting the introduction into the prison:
- of prohibited articles or substances
- or objects which constitute a threat to the safety of persons or property.
Such searches must be strictly necessary and proportionate. They must be specially reasoned and the subject of a detailed report sent to the prosecutor of the territorially competent Republic and to the prison administration.
An incarcerated person has the right to maintain family ties. The fact that he receives visits from people outside the prison allows him to enjoy this right.
Right of access
Every convicted person has the right to receive visits
- of his extended family (spouse or common-law partner, children, parents, siblings, etc.)
- or his guardian
at least once a week.
Further visits may be permitted if they appear to contribute to his reintegration.
For example, a prison visitor, friends or supporters of the detained person.
Anyone visiting an inmate must obtain a visiting permit.
The application for a visitor permit can be made online or in writing.
The request can be made online for some prisons, and by mail for all prisons.
Online
The request is made via the following online service:
Online application for a visiting or visiting permit
The online service also makes it possible to make an appointment to speak and send money to the person detained.
In writing
The request is made via the following form:
Application for a visiting permit (prison)
The request must be sent by mail to the prison director, with the following documents:
- Completed form
- Proof of family or position
- Photocopy of an ID
- 2 photos less than 3 months old
- Envelope postage at the current rate with your name and address
The head of the institution may refuse to issue a visiting permit to a family member of the detained person on grounds of order and security or relating to the prevention of offenses.
In the case of persons not belonging to the family of the detained person, the granting of a visiting permit may be refused on the same grounds. But also if it appears that the visits hinder the reintegration of the convicted person.
If the convicted person is hospitalized, permits must be issued by the prefect.
The decision is notified to the person who applied for the permit.
A minor under the age of 16 who visits someone in prison must have the authorization of a holder of parental authority. He must be accompanied by an adult, who is himself the holder of a visiting permit.
Minors over the age of 16 may come without an accompanying person if the holders of parental authority have given their written consent and if the visit concerns their father or mother.
Conduct of the visit
Those convicted may be visited at least once a week.
The visiting permit shall be either permanent or valid for a limited number of visits.
In all cases, the permit shall specify any specific measures applicable (e.g. visiting room with separation device between the detained person and the visitor).
Visits generally take place in a visiting room without a separation device.
Visitors are screened (ID, metal detector) and must deposit their personal belongings in a deposit box. He can bring some objects (linen, books...) whose list is to be requested from the establishment.
During the visit, the supervisor is not required to be physically present, but must be able to hear the conversations.
The visitor must speak in French or in a language that the supervisor can understand. Otherwise, prior written authorization is required from the prison director. The application must be made at the same time as the visitor's permit.
Visits may also be carried out without continuous and direct supervision by the prison administration when they take place in the context of family talks (lasting no more than 6 hours in the day) or family living units (lasting no more than 72 hours).
Any incident involving a visitor may result in the suspension or revocation of the visitor's permit.
FYI
where persons other than prisoners are suspected of having committed offenses near the prison which could endanger the security of the institution, specially authorized officers may check their identity. These officers may also conduct pat-downs and, if they agree, searches of the persons concerned. In case of opposition to identity checks, officers may use force to detain people pending the arrival of law enforcement.
Upon arrival, a mail kit is given to the detainee (paper, envelope, stamp and pencil).
The detainee is allowed to write daily and without limitation to any person of his choice and to receive letters from any person, subject to different arrangements made by the judge.
Correspondence between the detainee and his family cannot be prohibited.
Correspondence may be translated and checked by the head of the establishment.
The mail remains confidential when it is addressed to certain persons: lawyer, interregional director of the prison services, comptroller-general of places of deprivation of liberty, chaplain of the establishment, administrative and judicial authorities.
Authorization to make telephone calls
Access to the telephone is fixed by the hotel's rules.
Detainees can make a call free of charge in the early hours of their detention and can call the Red Cross Listen Detained (Cred) and the Association reflexion action prison justice (Arapej) free of charge.
Detainees are allowed to call, at their own expense, their families, relatives (whether or not they hold a visiting permit) and lawyers. The head of the establishment may, on a reasoned decision, refuse or withdraw such authorization. Convicted persons may be allowed to call other persons in preparation for their reintegration into society.
The possession and use of mobile phones is prohibited.
Call Control
Telephone conversations, with the exception of those with lawyers, the Comptroller-General of Places of Deprivation of Liberty, the Cred and the Arapej, may, under the responsibility of the Head of Establishment:
- be listened to,
- be registered,
- and be interrupted by designated supervisory personnel.
FYI
inmates' cells may also be audio-tapped to allow for the listening of conversations, if necessary to prevent escapes and ensure security and good order in the prison.
The person who is detained can receive money in prison. She can also send money from prison.
In the case of an escape, the money is used to compensate the victims or is paid into the public purse.
Receiving money
The detainee may receive money from relatives in prison.
The shipment must be sent by bank transfer or by postal order by relatives with a right of access or by relatives authorized by the prison director.
The inmate's account is credited 2 to 4 working days after transfer or warrant.
This period is reduced if the transfers are regular.
If you wish to receive a transfer from a relative, you must send them the following:
- RIB of the prison (to be requested from the prison's personal accounts board)
- Your nut number
- Your identity (first and last name)
The person making the transfer must indicate in the "optional" or "free" field of the transfer the reason for the dispatch.
The transfer will be rejected by the prison administration if some of the above information is missing, incomplete, illegible or false.
In the event of rejection, the transfer shall be returned to the person who made it.
For more information, you can contact the prison's personal accounts board.
Warning
the detainee may be deprived of the right to receive money by the judge in charge of the case or by the head of the prison.
Sending money
The detainee can send money to relatives outside the prison. The shipment must be made only by bank transfer.
The sending procedure is explained to the inmate upon arrival at the institution.
Allocation of money in case of escape
If a detainee escapes, the prison’s administrator of personal accounts must transfer his or her available money to the judiciary, so that it can be used to compensate victims.
If there is a balance left after the victims have been compensated, the administrator must pay it to the public treasury.
The balance transferred to the public treasury may be repaid to the available part of the registered account of the detained person, if it is taken over.
In order to obtain such restitution, the detained person must apply to the interregional director of prison services at the place of escape.
If the application is accepted, the decision is notified to the detained person and to the administrator. The latter will then repay the sum to his registered account.
If the escaped detainee does not return at the end of a period of 1 year, the administrator must pay the sums that are in his registered account to the public treasury. He must also hand over his personal items to the Domain Administration.
Unless deprived by disciplinary action, any prisoner may purchase a variety of additional items or goods from the canteen. The prices charged in the canteen must be made known to the inmates.
Holders of a visiting permit or persons authorized by the head of establishment may send money by bank transfer. To do so, they must contact the prison concerned and indicate the identity and the nut number of the inmate to obtain the account number of the recipient of the transfer.
Postal money orders may be sent by visiting permit holders or persons authorized by the head of establishment. The warrant must be mailed to the prison, indicating the identity and the nut number of the inmate.
Who shall I contact
The prison services will take care of collecting the money for the inmate.
Warning
it is not possible to receive cash in the visiting room or by mail.
Media Library
Each establishment has at least one media library with direct and regular access.
Publications are made available free of charge to detainees.
Inmates can exchange their personal books with each other.
Sports activities
A program of sports activities is organized in each establishment.
Every prisoner must be able to practice physical and sporting activities among those offered by his institution, except for reasons of security, discipline or medical contraindication.
Inmate participation
Any prisoner may be involved in the organization and facilitation of activities under the supervision of the Prison Integration and Probation Service.
Device
Named prison officers may be allowed to wear individual cameras in the following situations:
- Conduct of a mission in contact with dangerous detainees
- Fear of incident or escape
Officers can use cameras to record when an incident occurs or when they believe there is a risk of an incident.
Agents concerned
Officers appointed by the head of the prison, the interregional director of the prison services or the director of the prison administration may wear cameras.
Working with images
Images can only be used for:
- prevent incidents and escapes,
- to establish infringements and to enable the perpetrators to be prosecuted
- and train prison officials.
Records cannot be accessed remotely in real time, but only at the end of the intervention and after they have been transferred to a secure computer medium.
The only people authorized to view and transfer the images are:
- the head of the prison, the interregional director of the prison service and the director of the prison service and their deputies
- and the prison officers they have appointed to carry out this task.
The recordings may be used by the following persons in the course of their duties:
- Judicial police officers and officers of the national police and the national gendarmerie
- Members of the General Inspectorate of Justice
- Ministry of Justice staff responsible for handling administrative appeals and litigation on behalf of the Ministry, where such appeals and litigation relate to facts which have given rise or may have given rise to registration
- Personnel involved in exercising disciplinary authority over staff
- Persons involved in the exercise of disciplinary authority over prisoners
- Staff responsible for training staff and developing teaching materials
The convicted person may seek legal redress if he or she considers that he or she is being held in poor conditions.
Competent judge
The judge competent to examine the appeal for poor conditions of detention is the Judge for the Application of Sentences (JAP).
The appeal must be brought before the JAP of the court on which the prison depends.
For those convicted of terrorist acts, the appeal must be brought before the JAP of the Paris Court of Justice.
How can the competent judge be seized?
The appeal shall be made by a written request signed by the detained person or his lawyer.
The application can be filed at the court registry (on site or by registered letter with notice of receipt) or with the head of the prison.
Examination of the admissibility of the action
The sentencing judge must first rule on the admissibility of the application. This means that he must check whether the appeal is brought properly and whether it can be considered.
The judge has a period of 10 calendar days from receipt of the application to take its decision.
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Admissible application
If the sentencing judge declares the application admissible, he makes an admissibility order. He immediately sends it to the head of the prison.
The head of the prison must promptly forward to the JAP his written observations and all the elements relevant to the examination of the application.
It has a minimum time of 3 working daysbut he has to answer no later than 10 calendar days after receiving the JAP order.
The JAP order and the observations of the head of the prison are sent to the author of the appeal or his lawyer. They must submit their comments as soon as possible.
Where the detained person has requested to be heard and the request has been declared admissible, the JAP shall hear the request.
The JAP shall inform the author of the appeal and his lawyer by any means of the date and place of the hearing.
Application inadmissible
If the sentencing judge declares the application inadmissible, he makes an order that is notified without delay to the applicant.
The decision of the sentencing judge may be appealed within 10 days of its notification.
The appeal may be made by a written request signed by the appellant or his lawyer.
The application must be lodged with the registry of the court which issued the decision or with the head of the prison.
Examination of the merits of the action
The JAP must first investigate whether the conditions of detention of the complainant are contrary to human dignity or not.
Then he has to make his decision within 10 calendar days which follow the date on which he made the order of admissibility.
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Well-founded action
If the JAP declares the appeal to be well founded, it must indicate the conditions of detention that are contrary to human dignity and give the head of the prison time to remedy them.
The delay is between 10 calendar days and a month.
The head of the prison and the prison administration must take urgent measures to put an end to the poor conditions of detention. They must send a report to JAP on the measures taken before the expiry of the one-month period.
The prison administration submitted its report on time
JAP relies on the report to verify whether the prison director and prison administration have succeeded in stopping the bad conditions or not.
If the problem persists, JAP can take one of the following actions:
- Transfer of the detained person to another prison proposed by the administration
- Day parole measure
- Immediate release (if necessary with accommodation)
FYI
the transfer to another prison must take into account the private and family life of the detainee.
The decision of the sentencing judge can be appealed.
Call must be made within 10 calendar days from notification of the decision.
The detainee may appeal himself or through his lawyer, but the public prosecutor may also appeal.
The appeal shall be made by a written application lodged with the registry of the court which took the decision or with the head of the prison.
The prison administration did not submit its report within the deadline
JAP to take a decision 10 calendar days after expiry of the one-month period.
JAP can take one of the following actions:
- Transfer of the detained person to another prison proposed by the administration
- Day parole measure
- Immediate release (if necessary with accommodation)
FYI
the transfer to another prison must take into account the private and family life of the detainee.
The decision of the sentencing judge can be appealed.
Call must be made within 10 calendar days from the date of notification of the decision.
The detainee may appeal himself or through his lawyer, but the public prosecutor may also appeal.
The appeal shall be made by a written application lodged with the registry of the court which took the decision or with the head of the prison.
Unfounded action
If the sentencing judge declares the application to be unfounded, he shall issue an order which shall be notified to the applicant without delay.
The decision of the sentencing judge can be appealed within 10 days calendar days as of its notification.
The appeal may be made by a written request signed by the appellant or his lawyer.
The application must be lodged with the registry of the court which issued the decision or with the head of the prison.
Pre-trial detainee
A person in pre-trial detention (during a judicial inquiry) may have his rights restricted by the investigating judge (letters, appeals...).
Rules and regulations In each prison, a doctor determines the rights and duties of the inmates. It is available at the hotel's media library.
The main provisions are set out in a guide to the rights and duties of the detained person postponed upon arrival. Rules and regulations If the inmate does not know how to read French, the language must be read to him in his original language, with the help of an interpreter if necessary.
Full searches of detainees should only be carried out if pat-downs or the use of electronic detection means are insufficient.
There shall be no internal bodily investigations unless they are justified by a specially justified imperative. In this case, it is necessary to call on a doctor outside the prison, designated by the judicial authority.
Full-entrance excavation
For security reasons, inmates who access the penitentiary are routinely subjected to a full search. Except for those who had remained under constant surveillance by prison officials or law enforcement.
Full search justified by the inmate's behavior
The conduct of an inmate may warrant full searches in any of the following circumstances:
- The prisoner is suspected of having committed an offense in prison
- The inmate's behavior endangers the safety of persons and the maintenance of good order in the institution.
The searches must not be permanent and systematic, but must be tailored to the inmate's personality and the institution's security objective.
They may nevertheless be carried out systematically where the requirements of public order and the constraints of the public prison service so require. In this case, the head of the institution must make a decision for a maximum period of three months, renewable after a new examination of the detainee's situation.
Full search justified by entry of contraband
Full searches may be carried out on prisoners who are not personally implicated, where there are serious grounds for suspecting the introduction into the prison:
- of prohibited articles or substances
- or objects which constitute a threat to the safety of persons or property.
Such searches must be strictly necessary and proportionate. They must be specially reasoned and the subject of a detailed report sent to the prosecutor of the territorially competent Republic and to the prison administration.
An incarcerated person has the right to maintain family ties. The fact that he receives visits from people outside the prison allows him to enjoy this right.
Right of access
The detained person is entitled to receive visits at least 3 times a week.
However, the investigating judge may take a measure prohibiting him from communicating with the outside world. In this case, visits are prohibited, even for the family, but there is an exception for the lawyer who can continue to meet the detainee.
Application for a visiting permit
Anyone visiting an inmate must obtain a visiting permit. To obtain it, the cerfa form n°13960*02 must be completed.
Application for a visiting permit (prison)
The request must be sent by post to the investigating judge in charge of the case, with the following documents:
- Completed form
- Documentary evidence of his or her relationship or situation
- Photocopy of an ID
- 2 photos less than 3 months old,
- Envelope postage at the current rate with your name and address
The decision of the investigating judge is notified to the person who applied for the permit. On the expiry of a period of one month from the date of detention, in the event of refusal, the investigating judge shall issue a reasoned decision which may be appealed to the President of the Investigating Chamber.
A minor under the age of 16 who visits someone in prison must have the authorization of a holder of parental authority. He must be accompanied by an adult, who is himself the holder of a visiting permit.
Minors over the age of 16 may come without an accompanying person if the holders of parental authority have given their written consent and if the visit concerns their father or mother.
Permits are issued
- permanently (until final conviction)
- or for a limited number of visits.
Conduct of the visit
Visits generally take place in a visiting room without a separation device.
Visitors are screened (ID, metal detector) and must deposit their personal belongings in a deposit box. He can bring some objects (linen, books...) whose list is to be requested from the establishment.
During the visit, the supervisor is not required to be physically present, but must be able to hear the conversations.
The visitor must speak in French or in a language that the supervisor can understand. Otherwise, prior written authorization is required from the investigating judge. The application must be made at the same time as the visitor's permit.
Visits may also take place without continuous and direct supervision by the prison administration when they take place within the framework of the
- family choruses (lasting no more than 6 hours during the day)
- or family living units (up to 72 hours).
Any incident involving a visitor may result in the suspension or revocation of the visitor's permit.
FYI
where persons other than prisoners are suspected of having committed offenses near the prison which could endanger the security of the institution, specially authorized officers may check their identity. These officers may also conduct pat-downs and, if they agree, searches of the persons concerned. In case of opposition to identity checks, officers may use force to detain people pending the arrival of law enforcement.
Right of access of the president
The president of the bar or his specially appointed representative in the council of the order are allowed to visit places of deprivation of liberty at any time:
- Premises in police custody (police station, gendarmerie)
- Customs restraint rooms
- Administrative detention facilities (detention center for illegal foreigners),
- Waiting areas (airport, port ...)
Upon arrival in prison, the inmate receives a mail kit (paper, envelope, stamp and pencil).
He is authorized to write daily and without limitation to any person of his choice and to receive letters from any person.
Correspondence may be translated and checked by the head of the establishment. The mail remains confidential when it is intended for certain persons: lawyer, interregional director of the prison services, comptroller-general of places of deprivation of liberty, chaplain of the institution...
The investigating judge, the public prosecutor or the public prosecutor may, however, order a general ban on communicating with the outside world for a maximum of 20 days, or oppose written communication with one or more named addressees.
This prohibition does not apply to letters sent by the detained person to his lawyer.
Reasons must be given for the decision and the person concerned must be notified by any means without delay.
It may be the subject of a written appeal to the President of the Investigating Chamber, who must give a decision within one month in writing, stating the reasons on which it is based, but not subject to appeal.
Authorization to make telephone calls
Access to the telephone is fixed by the hotel's rules.
Detainees may make a call free of charge in the first hours of detention. They can call the Red Cross Listen Detained (Cred) and the Association reflexion action prison and justice (Arapej) free of charge.
Detainees may call family members and others at their own expense to prepare their defense or social reintegration.
Calls must be made from prison phones. Mobile phones are prohibited.
However, the investigating judge may order a ban on communicating with the outside world for up to 20 days. This prohibition does not apply to the detainee's appeals to his or her lawyer. The investigating judge may then refuse, suspend or withdraw the authorization to make a telephone call by means of a reasoned decision, subject to appeal.
Call Control
Telephone conversations, with the exception of those with lawyers, the Comptroller General of Places of Deprivation of Liberty, Cred and Arapej, may be:
- Listened to,
- Saved,
- Interrupted by supervisors
FYI
inmates' cells may also be audio-tapped to allow for the listening of conversations, if necessary to prevent escapes and ensure security and good order in the prison.
The person who is detained can receive money in prison. She can also send money from prison.
Receiving money
The detainee may receive money from relatives in prison.
The shipment must be made only by bank transfer. The inmate's account is credited 2 to 4 working days after the transfer. This period is reduced if the transfers are regular.
If you wish to receive a transfer from a relative, you must send them the following:
- RIB of the prison (to be requested from the prison's personal accounts board)
- Your nut number
- Your identity (first and last name)
The person making the transfer must indicate in the "optional" or "free" field of the transfer the reason for the dispatch.
The transfer will be rejected by the prison administration if some of the above information is missing, incomplete, illegible or false.
In the event of rejection, the transfer shall be returned to the person who made it.
For more information, you can contact the prison's personal accounts board.
Warning
the detainee may be deprived of the right to receive money by the judge in charge of the case or by the head of the prison.
Sending money
The detainee can send money to relatives outside the prison. The shipment must be made only by bank transfer.
The sending procedure is explained to the inmate upon arrival at the institution.
Allocation of money in case of escape
If a detainee escapes, the prison’s administrator of personal accounts must transfer his or her available money to the judiciary, so that it can be used to compensate victims.
If there is a balance left after the victims have been compensated, the administrator must pay it to the public treasury.
The balance transferred to the public treasury may be repaid to the available part of the registered account of the detained person, if it is taken over.
In order to obtain such restitution, the detained person must apply to the interregional director of prison services at the place of escape.
If the application is accepted, the decision is notified to the detained person and to the administrator. The latter will then repay the sum to his registered account.
If the escaped detainee does not return at the end of a period of 1 year, the administrator must pay the sums that are in his registered account to the public treasury. He must also hand over his personal items to the Domain Administration.
Unless deprived by disciplinary action, any prisoner may purchase a variety of additional items or goods from the canteen. The prices charged in the canteen must be made known to the inmates.
Holders of a visiting permit or persons authorized by the head of establishment may send money by bank transfer. To do this, they must contact the prison concerned and indicate the identity and the nut number of the inmate in order to have the account number to which the transfer is sent.
Postal warrants may be sent to inmates by visiting permit holders or persons authorized by the head of institution. The warrant must be mailed to the prison, indicating the identity and the nut number of the inmate.
Who shall I contact
The prison services will take care of collecting the money for the inmate.
Holders of a visiting permit or persons authorized by the head of establishment may also send money by bank transfer. To do this, they must contact the prison concerned and indicate the identity and the nut number of the inmate in order to have the account number to which the transfer is sent.
Warning
it is not possible to receive cash in the visiting room or by mail.
Media Library
Each establishment has at least one media library with direct and regular access.
Publications are made available free of charge to detainees.
Inmates can exchange their personal books with each other.
Sports activities
A program of sports activities is organized in each establishment.
Every prisoner must be able to practice physical and sporting activities among those offered by his institution, except for reasons of security, discipline or medical contraindication.
The time reserved for sports can be attributed to the walking time.
Inmate participation
Any prisoner may be involved in the organization and facilitation of activities under the supervision of the Prison Service for Integration and Probation.
Restrictions
The investigative judge may, however, restrict such activities and prohibit contact with other detainees.
Device
Since December 26, 2019, designated prison officers may be authorized to wear individual cameras in the following situations:
- Conduct of a mission in contact with dangerous detainees
- Fear of incident or escape.
Officers can use cameras to record when an incident occurs or when they believe there is a risk of an incident.
Agents concerned
Officers appointed by the head of the prison, the interregional director of the prison services or the director of the prison administration may wear cameras.
Working with images
Images can only be used for:
- prevent incidents and escapes,
- to establish infringements and to enable the perpetrators to be prosecuted
- and train prison officials.
Records cannot be accessed remotely in real time, but only at the end of the intervention and after they have been transferred to a secure computer medium.
The only people authorized to view and transfer the images are:
- the head of the prison, the interregional director of the prison service and the director of the prison service and their deputies
- and the prison officers they have appointed to carry out this task
The recordings may be used by the following persons in the course of their duties:
- Judicial police officers and officers of the national police and the national gendarmerie
- Members of the General Inspectorate of Justice
- Ministry of Justice staff responsible for handling administrative appeals and litigation on behalf of the Ministry, where such appeals and litigation relate to facts which have given rise or may have given rise to registration
- Personnel involved in exercising disciplinary authority over staff
- Persons involved in the exercise of disciplinary authority over prisoners
- Staff responsible for training staff and developing teaching materials.
The convicted person may seek legal redress if he or she considers that he or she is being held in poor conditions.
Competent judge
The judge competent to examine the appeal for poor conditions of detention is the Judge of Liberties and Detention (JLD).
The appeal must be brought before the JLD of the court of law in charge of the case in which the detained person is involved.
How can the competent judge be seized?
The appeal shall be made by a written request signed by the detained person or his lawyer.
The application must be filed or sent by registered letter:
- At the Registry of the Investigating Judge (if an investigation is ongoing)
- To the Office of the Public Prosecutor (if the Correctional Court is seised)
- To the Attorney General's Secretariat (if the Correctional Appeals Chamber or the Court of Assize is seised or if an appeal is pending)
- To the head of the prison (in any case)
Examination of the admissibility of the action
The JLD must first rule on the admissibility of the application.
This means that he must check whether the appeal is brought properly and whether it can be considered.
The JLD has a timeout of 10 calendar days from receipt of the application to take its decision.
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Admissible application
If the JLD declares the request permissible, he shall issue an admissibility order and send it without delay to the head of the prison.
The head of the prison must promptly forward to the JLD his written observations and all the elements relevant to the examination of the request.
It has a minimum time of 3 working daysbut he has to answer no later than 10 calendar days after receiving the JLD order.
The order of the JLD and the observations of the head of the prison are sent to the author of the appeal or his lawyer. They must submit their comments as soon as possible.
Where the detained person has requested to be heard and the request has been declared admissible, the JLD shall hear the request.
The JLD shall inform the author of the appeal and his lawyer by any means of the date and place of the hearing.
Application inadmissible
If the JLD declares the application inadmissible, it shall issue an order which shall be notified to the applicant without delay.
The decision of the JLD can be appealed within 10 days calendar days as of its notification.
The appeal may be made by a written request signed by the appellant or his lawyer.
The application must be lodged with the registry of the court which issued the decision or with the head of the prison.
Examination of the merits of the action
The JLD must first investigate whether the conditions of detention of the complainant are contrary to human dignity or not.
Then he has to make his decision within 10 calendar days which follow the date on which he made the order of admissibility.
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Well-founded action
If the JLD declares the appeal to be well-founded, it must indicate the conditions of detention that are contrary to human dignity and give the head of the prison time to remedy them.
The delay is between 10 calendar days and a month.
The head of the prison and the prison administration must take urgent measures to put an end to the poor conditions of detention. They must send the JLD a report on the measures taken before the expiry of the one-month period.
The prison administration submitted its report on time
The JLD relies on the report to verify whether or not the prison director and prison administration have succeeded in putting an end to the poor conditions.
If the problem persists, the JLD can take one of the following actions:
- Transfer of the detained person to another prison proposed by the administration
- Day parole measure
- Immediate release (if necessary with accommodation)
FYI
the transfer to another prison must take into account the private and family life of the detainee.
The decision of the JLD can be appealed.
Call must be made within 10 calendar days from notification of the decision.
The detainee may appeal himself or through his lawyer, but the public prosecutor may also appeal.
The appeal shall be made by a written application lodged with the registry of the court which took the decision or with the head of the prison.
The prison administration did not submit its report within the deadline
The JLD must take a decision 10 calendar days after expiry of the one-month period.
The JLD can take one of the following actions:
- Transfer of the detained person to another prison proposed by the administration
- Day parole measure
- Immediate release (if necessary with accommodation)
FYI
the JLD may refuse to take one of these measures if the detained person has refused a transfer proposed to him by the prison administration.
The decision of the JLD can be appealed.
Call must be made within 10 calendar days from notification of the decision.
The detainee may appeal himself or through his lawyer, but the public prosecutor may also appeal.
The appeal shall be made by a written application lodged with the registry of the court which took the decision or with the head of the prison.
Unfounded action
If the JLD declares the claim unfounded, it shall issue an order which is notified without delay to the applicant.
The decision of the JLD can be appealed within 10 days calendar days from its notification.
The appeal may be made by a written request signed by the appellant or his lawyer.
The application must be lodged with the registry of the court which issued the decision or with the head of the prison.
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Ministry of Justice
Ministry of Justice