Country

France

Detention issue

Protection against violence

FRA research findings

View details

Legal instruments & key provisions

Legal instrument Key provision
Penitentiary law (Loi pénitentiaire)The prison authorities must ensure for each detainee effective protection of their physical well-being in all communal and individual areas. Even in the absence of liability, the State is held to repair the damage resulting from the death of a detainee caused by violence committed in a detention establishment by another detainee. Any detainee who is a victim of an act of violence committed by one or more fellow detainees shall be the subject of a special monitoring and detention regime. They primarily benefit from an individual cell.
Code of criminal procedure (Code de procédure pénale)Violence in detention against another detainee is likely to be the subject of disciplinary action.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2016The NPM recommended to maintain and structure the role of health professionals who work in detention facilities in screening for violence in accordance with the provisions of the European prison rules. Report details
2017The NPM recommended to continue with the systematic installation of inter-phones or emergency call buttons which also function during the night and ensure the maintenance of those which already exist. Report details
2020The NPM report recommends that procedures for responding to emergency calls and opening celles at night must allow for a rapid response. It is also recalled that authorities in charge of detention are responsable for ensuring the protection of prisoners against all forms of violence. Report details