Country

France

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
French Prison Code Prison staff carry out their duties with absolute respect for the people assigned to them by the judicial authorities, and for their rights. Violence or any form of intimidation is forbidden. Discriminatory, insulting or colloquial language is also prohibited. The use of force is only possible under the following conditions: while limiting to what is strictly necessary; in the event of self-defence, attempted escape or resisting orders through violence or physical inertia.
French Prison CodeViolence (including sexual violence) against a fellow detainee is a criminal offence as well as a disciplinary offence. Such behaviour is therefore liable to criminal and disciplinary prosecution. Before lodging a complaint, the detainee victim must report the facts to a guard and, if necessary, request a meeting with the prison governor.

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
2022Any person arriving in a prison must be able to request a medical check-up to ascertain any injuries. For this purpose, any doctor working in such a place must be trained such as to be able to issue a certificate of assault and battery, if the person in question so wishes, which must systematically include the determination of the total temporary disability. Report details
2022The use of physical restraint in any form inherently entails the risk of violence against those subjected to it. The balance between security and respect for the privacy of detainees must always be maintained, which excludes any systematic use of force or means of restraint. Such practices should only be used as a last resort, after all other means of dealing with transgressive behaviour have been exhausted. Report details