Country

France

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Prison Capacity Circular (Circulaire Capacité des établissements pénitentiaires)No rules on the minimum size of a cell. The size of an individual cell is less than 11 m2. The size of a cell for two detainees is 11 to 14 m2. The size of a cell for three detainees is 14 to 19 m2. The size of a cell for four detainees is 19 to 24 m2. The size of a cell for five to ten detainees is 24 to 54 m2.
French Prison CodeEach person must be held held under satisfactory health and cleanliness conditions. Sufficiently large openings are required to allow natural light to penetrate and thus allow detainees to read or work; the layout of openings must allow the cell to be ventilated.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2016The NPM recommended that it is necessary to guarantee bringing existing establishments and building maintenance up to standards with identified resources and follow-up measures. Further, the NPM recommends, in order to ensure the respect of the dignity of detainees, that the minimum living area of 6 m2 per cell is respected. Report details
2020The NPM report states that prisoners must have the possibility of personalising their living space and that the right to privacy prohibits the use of permanent surveillance measures, including the constant use of video surveillance in cells, rooms and sanitary facilities. Places of deprivation of liberty shall guarantee individual accommodation. The principle of individual accommodation may be waived where the persons concerned express the wish to do so and where this appears to be in their best interests and circumstances. In this case, the premises shall have space proportionate to the number of persons accommodated. The Controller general of detention facilities noted that during the health crisis, some establishments continued to experience overcrowding, even with mattresses on the floor, making it impossible to observe barrier measures in the cells. Report details
2022Custody and detention facilities at police stations must be sized in proportion to judicial activity. The number of people accommodated must never exceed the number of people who can be effectively accommodated, with due respect for their dignity and, as long as they need it, for health distancing measures. Report details
2022The preservation of privacy in prisons means that they must have permanent control over the natural and artificial lighting of the premises in which they live or work. In addition to being accommodated in facilities occupied in accordance with their capacity, detainees must have a private space and the means to protect it. Report details