Degrading treatment due to prison overcrowding and poor conditions of their detention

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J.M.B. and Others v. France (Application no. 9671/15)

Briefed on: November 28, 2022

SCHREENSHOT of the POWER POINT PRESENTATION by OIP SECTION FRANCE, 28/11/2022

This case concerns the degrading treatment suffered by 27 of the applicants, due to prison overcrowding and poor conditions of their detention (personal space of less than 3 m2 in the majority of the establishments and lack of privacy in the use of toilets, of ventilation, hygiene and of out-of-cell activities) in the detention centres (DC) of Ducos (Martinique), Baie-Mahault (Guadeloupe) and Faa'a Nuutania (French Polynesia) and the remand centres (RC) of Nîmes, Nice and Fresnes (region of Paris), during different periods (2006 to date) (violation of Article 3).

The Observatoire International des Prisons has been actively involved in the process of execution of the judgment. The organisation has submitted rule 9.2 communication on 28 July 2021

In order to fully implement the judgment, Observatoire International des Prisons recommends the following:

  • On prison overcrowding

    • Establishing a binding prison regulation mechanism

    • Adopting a national action plan ensuring the definitive reduction of prison overcrowding

    • Discontinuing prison expansion programmes and revising budgetary priorities

  • On the new judicial remedy

    • Creating monitoring tools to assess the effectiveness of the remedy

    • Reinforcing the effectiveness of the remedy

  • On the preexisting “référé-liberté”

    • Expanding the scope of measures a judge can order

    • Reinforcing the execution procedures