The law of 8 April 2021 on guaranteeing the right to respect for dignity in detention creates a new remedy before the judicial judge for all detainees in case of unworthy conditions of detention. The implementing decree published in Official Journal on september 16, 2021, it enters into force on september 1, specifying how a detainee who considers himself to be incarcerated in undignified conditions can refer him to the court judgeer October 2021.
The law of 8 April 2021 provides that a detainee, who believes he is being held in undignified conditions, may appeal to a judicial judge:
the liberty and detention judge (JLD) in cases of pretrial detention;
the sentencing judge (JAP) in case of conviction.
Formalities of the detainee's request
The detainee's request must:
be presented in a separate document bearing the words
Request concerning conditions of detention (Article 803-8 of the Code of Criminal Procedure)
;
contain a detailed statement of the personal and current conditions of detention that he considers to be contrary to the dignity of the person and specify whether he requests to be heard by the judge, in the presence of his lawyer where appropriate;
indicate whether he has made a request to the administrative court concerning his conditions of detention;
be signed by the detainee or his lawyer.
The request made by the detainee or his lawyer must be addressed to:
at the registry of the investigating judge if an information is pending, at the secretariat of the public prosecutor if the case is brought before the correctional court, or at the secretariat of the public prosecutor in the event of an appeal or appeal on a point of law if the detainee is remanded in custody;
to the Attorney General’s Secretariat if the detainee is placed under an extradition nut;
at the registry of the sentencing judge if the detainee is convicted.
Admissibility of the application
The judge must rule on the admissibility of the application within 10 days of its receipt by reasoned order.
If he considers the application admissible, he shall immediately communicate the order to the head of the penitentiary and request him to transmit his observations and any documents enabling the conditions of detention to be assessed within three to 10 days. A copy is sent to the detainee and his lawyer.
In order to ascertain whether or not the conditions of detention violate the applicant's dignity, the judge may travel to the places of detention or order an expert's report.
The judge must rule on the merits of the application within 10 days from the date of the order declaring the application admissible.
If the request is considered to be well founded, the judge shall specify in the order the conditions of detention which he considers to be contrary to the dignity of the human person and shall request the prison administration to put an end to them by any means within a period of between 10 days and 1 month maximum, in particular by transferring the detainee to another institution.
The prison administration must then send an information report to the judge on the measures taken or proposed to the inmate.
On receipt, the judge may carry out checks to ensure that the conditions of detention contrary to the dignity of the applicant have been ended. Otherwise, the judge may order the transfer of the person or any other adjustment of the sentence.
If the judge considers the application inadmissible, the order shall be notified without delay to the detainee through the head of the penitentiary establishment, to the detainee's lawyer and to the investigating judge, to the public prosecutor or to the public prosecutor if the detainee is remanded in custody.
If he considers the request to be unfounded, the reasoned order shall be notified to the detainee.
The detainee or his lawyer may appeal the decisions, within 10 days of their notification, to the President of the Investigative Chamber or the President of the Chamber for the Application of Sentences.
