You should be able to communicate from prison with courts, state institutions and international institutions to learn about your rights, complain about any violations of these or about other matters. This correspondence must not be monitored or censored.
Protected communication
In any event the prison administration must abstain from monitoring or censoring letters which have been addressed to or received from the institutions listed in the law. Your correspondence will benefit from this protection as soon as your correspondent is clearly identified as part of the list. These institutions include, but are not limited to:
- the President of the Republic
- the Prime Minister, members of the government, members of the parliament
- The administrative and judicial courts
- The Defender of Rights’ Office
- United Nations Organization bodies
- The European Court of Human Rights
- The Court of Justice of the European Union
If a protected correspondence is opened by mistake by the prison administration, the officer must abstain from reading it, and close it again by a process enabling you to understand that it was opened. The administration must also inform you of the incident and write a report detailing the circumstances of the incident.
What human rights violation may there be?
Privacy and freedom of correspondence
If your correspondence with state institutions or international organizations has been unlawfully monitored or restricted, this will result in a violation of your right to privacy and freedom of correspondence.
Right to a fair trial and an effective remedy
In certain circumstances, if your letter has been censored or delayed and you have consequently been unable to complain to the court or other institution about a violation of your rights, your right to a fair trial or to an effective remedy may have been violated.
How to complain
If you believe that your correspondence has been unlawfully monitored or restricted, you should complain about it to the French Prison Administration and subsequently, the Administrative Court. Read more about how to complain.