Compensation

If you believe that the prison staff or the French Prison Administration have violated your rights and wish to receive compensation, you should first write an application to the French Prison Administration. You can submit your claim for compensation together with the general complaint about the violation of your human rights (read more about the general complaints procedure). Your application must explain the damage you suffered from and the responsibility of the Administration. You do not need to specify the amount of compensation you wish to receive yet.

Keep in mind that this prior request for compensation is mandatory if you wish to bring the case before the judge later on. Also, you must make your prior claim for compensation within four years after your prejudice occurred.

When the French Prison Administration examines your application, it will usually determine whether your rights have been violated and order the prison staff to remedy the violation if it is necessary and if you have asked for this to be done. The procedure and time limits for the appeal must be indicated in the decision. If the Prison Administration has not responded to your application within two months, this silence is equivalent to an implicit rejection.

Appeal

The decision of the French Prison Administration can be appealed in the Administrative Court. You can appeal the decision of the Prison Administration if they reject your application (explicitly or implicitly) or if you consider that the compensation they offer is insufficient. The procedure and time limits for the appeal must be indicated in the decision The time limit is two months after receiving the decision of the Administration (whether it is explicit or implicit). For this appeal, the assistance of a lawyer is mandatory.

In your claim, you must prove that your prejudice is real and personal and that it is directly linked to the Administration’s fault. The Prison Administration will be held responsible only if it committed a fault, through its behaviour, actions or inactions, decisions, negligence etc. The only exception to this rule is in the case of damages resulting from the death of a prisoner caused by a violent act from another prisoner. In this situation, the State is obliged to compensate for the damage even in the absence of fault. In your claim you must also indicate the total amount of damages you wish to receive. 

The Administrative court will only decide on whether you will receive compensation or not, it cannot cancel the illegal decision or action of the Administration that caused the damage. If the court recognizes the Prison Administration’s liability, it will determine the amount of compensation you will be awarded. If you wish instead to complain against an illegal decision made by the Administration, you should make another appeal called “recours pour excès de pouvoir”. 

Compensation within criminal proceedings

If you are recognized as a victim in criminal proceedings, you can ask for compensation during the criminal proceedings. Read more about compensation for victims of crime.

Compensation for unjustified pre-trial detention

You can be compensated for your loss if you have been placed in pre-trial detention or placed under house arrest without being finally convicted (e.g., your case was discharged, acquitted, or dismissed). If you want to receive compensation, you must apply for it. Before making the application, you should wait until the decision of acquittal or discharge is final, i.e., there should be no further appeal. You should send the application for compensation to the first president of the Court of Appeal who dismissed, acquitted, or discharged your case.

If your claim for compensation succeeds, the remedy you may receive will be a certain amount of money. There are no limits on the amount of money that you can seek for a violation of your rights. This includes compensation for the material losses (loss of money or your property), for damages to your physical integrity, as well as compensation for any moral damage (psychological suffering, damage to your reputation etc.). If you want to receive a certain amount of money, you must explain why you are asking for that specific amount of money.