Country

France

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
French Prison Code A detainee may appeal to a judge if they feel that their detention conditions are contrary to human dignity. This judge is either the liberty and custody judge in the case of remand detention, or the sentence enforcement judge in the case of sentencing.
French Prison CodeWhen the prison administration is considering taking an unfavourable individual decision against a detainee, the latter has the right to a lawyer. Detainees are free to communicate with their lawyer. Persons on remand meet their lawyer in a special visiting room, where confidentiality is ensured.
French Prison CodeAny detainee may submit requests or lodge complaints to the prison governor, who will grant a hearing if sufficient grounds are provided. If a detainee is the victim of an offence, as is the case for all citizens, the complaint is brought to the attention of the public prosecutor, who decides what action to take: initiate prosecution, opt for an alternative to prosecution or dismiss the case.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2022The assessment summary report, which forms the basis for the decision to assign the person to a prison, the person in question must be informed without delay of the future course of their execution or preparation for the hearing before the remand detention court (tribunal de l’application des peines - TAP), in a language and in terms that they understand. This notification must be accompanied by clear information on the remedies available to the interested party, who must be provided with any documents required to exercise them. Report details
2022The detainee must be given the opportunity to make representations to the decision-making authority. For this purpose, they must be able to be received by this authority and, if they so wishes, be assisted by a lawyer. Their observations must be recorded in the file. Report details