If you believe that your human rights have been violated while you are in prison, you may submit a complaint about such violation. It is important for preventing an ongoing violation, preventing a future one or for obtaining compensation.
Read more about the following most common types of complaints:
If you believe that prison conditions are violating your rights, you should complain first to the prison staff and the head of the prison. If you consider that they have not reacted to your complaint properly you should complain further to the interregional director of prison services.
You can also complain to two independent administrative authorities:
1. The General Controller of Places of Deprivation of Liberty (Contrôleur général des lieux de privation de liberté)
The General Controller of Places of Deprivation of Liberty ensures that your fundamental rights in prison are respected. You can complain to this authority if you consider that your rights have been violated, for example because of poor prison conditions. This authority can then visit the prison and recommend measures to be taken. It can also alert the prosecutor if a criminal offense has been committed. You can write to them by post (it will be kept confidential) or talk to them during their visits. Read more about the General Controller of Places of Deprivation of Liberty and how you can complain to this authority.
2. The Defender of Rights (Défenseur des droits)
You can complain to the Defender of Rights in two main cases: to resolve a conflict that you have with the prison administration or to denounce breaches of security ethics (such as unjustified body searches, disproportionate use of force, bullying by staff etc.). After investigation, this authority can make individual or general recommendations or try to solve the dispute through arbitration. Read more about how the Defender of Rights can help you.
If you believe that a decision, or something done by prison officers, violated your rights, you should submit a complaint to the head of the prison first. If you are not satisfied with the answer of the head of prison, you can complain to the interregional director of prison services If you are not satisfied with a decision of the interregional director of prison services, you can complain to the Minister of Justice. They are obliged to examine your application.
According to French law, you can normally appeal a decision by the prison staff whenever you want to, with no time limit. However, if this first appeal is rejected and you wish to appeal further to the judge, then you must do so within two months after the date of the initial decision. Where there is a written decision, the time limit and procedure for appeal must be indicated in the decision.
If you want to complain about violence or a potential crime committed by a prison officer, read about specific procedures.
Generally, you can appeal any decision made by the head of the prison to the interregional director of prison services. If the head of the prison has issued a decision in writing, the procedure and time limits for the appeal have to be indicated in it.
You can appeal decisions of the French Prison Administration which are related to a significant violation of your rights to the Administrative Court. This type of appeal is called “recours pour excès de pouvoir”. Keep in mind that not all decisions of the Prison Administration can be appealed to the judge. Some decisions, which are called “internal measures” cannot be challenged in court, for example when the administration refuses to give you a job. However, these internal measures can still be appealed in court if they infringe your fundamental rights.
You should file the appeal within two months from the day you received the decision. The decision of the French Prison Administration must also contain information about where and when to appeal.
You can also appeal to the administrative and civil courts regarding your conditions of detention, through different types of appeals:
1. The “référé-liberté”
If the situation in which you are is very urgent, you can complain to the administrative court with a special appeal called “référé-liberté”. This appeal is possible only if your conditions of detention are seriously and manifestly violating your fundamental rights, and if the situation is of extreme urgency. In this case, you can complain about a decision made by the prison administration, but also about any behaviour or failure to act from the prison staff. The judge will take a decision within 48 hours and can ask the administration to take temporary measures to improve the situation rapidly.
2. The “référé-mesures utiles”
You can complain to the administrative court with another appeal called “référé-mesures utiles”. This appeal is possible only if you wish to complain about a situation that is urgent and that is not linked to a decision from the prison administration. The judge can order any useful measure to remedy an existing situation. This type of appeal can be used for example to order that maintenance work be carried out to improve prison conditions.
3. Other types of “référés”
There are other types of special appeals that you can make to the administrative court:
- With the “référé suspension”, you can ask the judge to suspend the execution of an administrative decision, whether it is written or not. There are several conditions: there must be an urgent need to suspend the contested decision, there must be serious doubt as to the legality of the contested decision and this decision must still be implemented when you are asking for suspension. Also, this decision must have been the subject of an appeal on grounds of ultra vires (“recours pour excès de pouvoir”) before or at the same time as the référé suspension is lodged. The judge will take a decision within a maximum period of one month.
- With the “référé provision”, you can ask the judge to obtain an advance on a compensation that was refused by the administration, while waiting for the court’s decision on the exact amount of damages you can receive in a claim for compensation.
- With the “référé instruction”, you can ask the judge to prescribe any measure of expertise or investigation that can help to inform the judge on the reality of the facts. For example, the judge can appoint an expert who will visit the prison, interview witnesses, collect documents etc.
4. Judicial remedy for ensuring the respect of dignity in prison (“recours judiciaire visant à garantir le droit au respect de la dignité en détention“)
You can appeal at the same time as the other appeals to the judicial court, more specifically to the sentence enforcement judge (juge de l’application des peines), if you believe that your prison conditions are violating your dignity and fundamental rights. You can also introduce this appeal if you are in pre-trial detention but in this case, you should appeal to a judge known as the “liberty and custody judge” (juge des libertés et de la détention).
If the judge finds that there is a violation, he/she will ask the prison administration to remedy the situation within a maximum period of one month. If after this period your prison conditions have not improved, the judge can order your transfer to another prison, or your immediate release from pre-trial detention, or an adjustment of your sentence if you are a convicted prisoner.
The Administrative Court has three levels:
- the court of first instance (tribunal administratif)
- the court of appeal (cour administrative d’appel) and
- the administrative supreme court (Conseil d’Etat)
Normally your claim can be examined at all three instances.
Exceptions
Some decisions may only be appealed in one or two levels in the Administrative Court.
example If you want to appeal a decree issued by the Government, or if you want to claim for compensation from the State due to excessive length of proceedings before the Administrative Court, you can only do so before the Administrative Supreme Court (Conseil d’Etat).
The prison staff and the head of the prison are responsible for conditions and good order in prison. Therefore, if other inmates have violated your rights, you should alert the prison staff or the head of the prison.
Read more about how to complain about crimes committed by fellow inmates.