Call to end to 'inhumane' solitary confinement in French prisons

Solitary confinement cells commonly used as punishment in French prisons should be abolished, a rights group has warned as it called out "serious and numerous infractions" to the dignity and fundamental rights of inmates.

The International Prison Observatory says solitary confinement cells commonly used as punishment in French prisons should be abolished. © AFP

The French chapter of the International Prison Observatory (OIP) said in a recent report that half of the punishments decided by prison disciplinary commissions in 2022 led to solitary confinement.

It calculated that prisoners had spent more than 100,000 days in cells that offered "inhuman" conditions with "furniture bolted to the floor, windows that barely allow light in, total isolation, one hour per day outside in a 'walking courtyard' with barely any view of the sky and no equipment" for exercise. 

The practice runs counter to recommendations from the Council of Europe, which says solitary isolation should be imposed as a punishment "only in exceptional cases, and for a specified period of time, which should be as short as possible".

At the core of France's penal system lies a multitude of offences, ranging from serious infractions to seemingly trivial matters like dress code violations or minor disturbances.

The vague nature of these offences often leads to arbitrary enforcement and a lack of due process for the accused, the NGO said.

🟠 #AuPoste LIVE https://t.co/k8OG44liA6 & https://t.co/E9wJEMP3n3

Au cœur de la prison: une machine disciplinaire. Le rapport qui accable.
avec Prune Missoffe & Pauline Petitot#OIP #enquete #prison @OIP_sectionfr @davduf pic.twitter.com/px16eSM9Za

— Au Poste (@AuPoste1) February 9, 2024

Abuse of disciplinary rules

Investigations into alleged infractions are often fleeting, the OIP alleged, with little regard for gathering comprehensive evidence or considering mitigating factors.

It said the disciplinary process itself was marked by imbalances, with presiding prison guards often assuming the role of both judge and accuser, leaving little room for fair hearings or meaningful appeals.

The NGO also denounced "numerous cases of violence and bullying by prison guards" reported both to the OIP and official oversight bodies. 

Suicide attempts are 15 times more common in solitary than under regular detention conditions, the OIP has underlined, citing a 2018 academic study.  

• Overcrowding in French prisons reaches all-time high

Rights defenders have acknowledged some progress, with judges able to check the decisions of prison authorities and lawyers allowed before disciplinary committees. 

But they also pointed to an ever-growing list of punishable offences in prison – some of which they called "arbitrary", including language on "maintaining order" or "normal functioning" of the jail. 

Prisoners can be punished for minor offences including clothing judged improper, blocking peepholes into their cells or refusing to turn the volume down on their radio, the OIP highlighted.

The body called for measures including slashing the number of punishable behaviours in prison or offering an appeals process.

France's prison population hit a new record of almost 76,000 people on 1 January 2024.

M. B. détenu à la #prison de La Santé a été sanctionné par 14 jrs de quartier disciplinaire pour s’être jeté dans le vide. Soulignant que la sanction n’avait pas tenu compte de ses intentions suicidaires, la #justice a prononcé l’annulation de la sanction.https://t.co/LnfuWCKrqQ pic.twitter.com/OuBAhNOG3D

— Observatoire international des prisons (OIP) (@OIP_sectionfr) February 9, 2024

Punished for attempting suicide

The OIP brought to light the case of "Mr B" – an inmate who was punished for attempting suicide – in a move the NGO says exemplifies the inherent cruelty of France's disciplinary system.

Despite his obvious mental health struggles, Mr B was reportedly subjected to further punishment.

The OIP said such cases underscore the urgent need for reform within the prison system to prioritise the wellbeing and dignity of inmates.

Its report describes systemic flaws in the disciplinary process, including a lack of consideration for individual circumstances and a disproportionate reliance on punitive measures.

• European rights body ‘extremely concerned’ about treatment of French prisoners

Despite international guidelines that say the use of solitary confinement must be limited, French prisons continue to resort to the practice at alarming rates, the OIP said.

Rather than relying on punitive measures that perpetuate cycles of violence and despair, the OIP said authorities needed to adopt more rehabilitative approaches.

(with AFP)