Council of State
4 April 2019
Facts
The non-governmental organisation “International Prison Observatory” (in French: Observatoire International des Prisons) asked the administrative court to order all measures necessary to put an end to the serious and clear violations of the fundamental rights of the persons detained in the prison of French Guiana. The judge accepted this request and ordered the prison administration to take several measures, such as install in each cell a partial partitioning of the toilets that can preserve the privacy of detainees.
Complaint
The Minister of Justice complained against this decision and argued that the judge had exceeded its powders by ordering structural measures (instead of only temporary ones) like the partitioning of toilets in cells. The Minister also argued that these measures were not necessary as there was no serious and clear violation of the prisoners’ fundamental rights. The Minister asked the Council of State to cancel the decision of the judge.
Court’s ruling
The Council of State rejected the Minister’s appeal and explained that the measures ordered by the judge could be carried out either quickly without requiring major structural work or through temporary arrangements until permanent solutions could be taken. Therefore, the judge had not exceeded its powers regarding this particular issue. The Council of State also rejected the Minister’s complaint regarding the partitioning of toilets in cells. The Court ruled that the absence of a partition separating the toilet from the rest of the cell was particularly detrimental to the dignity of the prisoners. The Council of State therefore ordered the prison administration to carry out this measure as soon as possible.