You may be punished if you have violated the internal rules of the prison. These punishments are called disciplinary sanctions.
Only disciplinary sanctions that are legally permitted can be imposed. The law has to clearly state the type of penalty that can be imposed for a specific violation. In France, there are several types of disciplinary sanctions - from a warning to a temporary placement in solitary confinement.
Rules on disciplinary proceedings and sanctions are set out in the Penitentiary Code.
A decision following a detailed procedure
According to French law, disciplinary sanctions are imposed by the disciplinary committee, which is composed of a president (the director of the prison) and two other members chosen by the president. This decision must be taken after following the procedure outlined in the Penitentiary Code.
First, the prison guard who saw or heard of the incident should write an incident report as soon as possible, mentioning the main facts and the context of the violation. Then, the prison staff has to investigate the situation in detail and issue another report in order to verify if the facts are true, taking into account all the circumstances of the facts that you are accused of and your personality. The prison director will then read the report and decide to continue or not the disciplinary procedure. If yes, you will be informed of the violation you are accused of, and you will be summoned to a disciplinary hearing in front of the committee, but you will have at least 24 hours to prepare your case. You are allowed to be assisted by a lawyer for this hearing, and you can receive financial help for that if needed.
During the hearing, you (or your lawyer) should present your observations, and you can be helped by an interpreter if needed. The prison director will then decide to impose or not a disciplinary penalty on you and which one. This decision will be presented to you at the audience and will also be issued in writing. The decision must include a full description of the violation, your explanations, and the reasons why the particular disciplinary penalty was applied.
When the head of the prison takes this decision, they must hear your opinion and explanations. This is particularly important if the potential penalty is to be placement in solitary confinement. Bear in mind that the right to be heard means that you must be able to express your opinion, but it does not require the head of the prison to agree with your opinion.
important The head of the prison can, as a preventive measure and without waiting for the hearing of the disciplinary committee, decide to place you in solitary confinement if the acts you are accused of constitute a serious violation and if this measure is the only way to put an end to the violation or to preserve order in the prison. This preventive solitary confinement cannot last more than 2 working days. Also, if the violation you are accused of took place while you were at work, the head of the prison can decide to suspend your professional activity until you are summoned to the disciplinary hearing, if it is the only way to put an end to the violation or to ensure security in the prison. This suspension cannot last more than 8 working days.
Appeal
If you wish to appeal the decision of the prison director, you should first appeal to the Interregional Director of Prison Services within 15 days of receiving it. The Interregional Director will answer to your appeal within 1 month, but if you do not receive any answer from him within a month, this means your appeal is rejected. If the Interregional Director confirms the sanction, you can appeal this decision to the Administrative Court within 2 months.
What human rights violation may there be?
Right to a private and family life
Depending on the type of penalty applied, serious violations of the disciplinary procedure may violate your right to a private and family life.
example If the chief of the prison has prevented you from meeting your family members as a disciplinary punishment, but such decision has not been issued in writing, it may violate your right to family life.
Right to a fair trial
Your placement in solitary confinement is comparable, in its seriousness, to a deprivation of liberty. Therefore, you are entitled to the guarantee of a right to a fair trial in disciplinary proceedings involving solitary confinement.
example If you are placed in solitary confinement for 15 days, without an opportunity to express your opinion during the decision making process, your right to a fair trial may have been violated.
Read more about the right to a fair trial.