There are certain groups of prisoners who must be held isolated from others. This is done to ensure the safety of those who are considered more vulnerable.
Placement in these groups may depend on the characteristics of the person such as age, gender, sex or the personal circumstances of the person in question such as the crime they have committed, their religious beliefs, nationality, sentence execution regime etc.
In French law, the principle is that prisoners should be detained in an individual cell. But the rules are different depending on the type of prison you are in.
If you are detained in a prison for short sentences or pre-trial detention, you should be in an individual cell both day and night. But an exception to this rule is possible if there are too many prisoners compared to the number of cells available in the jail. However, if you wish to be detained in an individual cell, you can ask to the head of the prison to be transferred to the closest prison where such option is possible.
If you are detained in a prison for longer sentences, you are held in an individual cell only during the night.
exception There are several situations where an exception to the individual cell rule is possible (both for jails and prisons):
- if you ask to be held in a collective cell
- if your personality justifies your need to be detained with others in a collective cell
- if you work or have an education which requires you to be held in a collective cell.
Groups that must be held separately
French law lists those groups of prisoners who must be held isolated from each other at all times:
French law also requires the following groups to be held isolated when it is not possible to have an individual cell (but an exception is possible if your personality requires it):
- persons arrested on remand and convicted prisoners
- prisoners who have reached the age of majority in prison and are currently under the age of 21 have to be separated from other adult prisoners
- prisoners who have not previously served a custodial sentence have to be separated from those who have served multiple custodial sentences
- prisoners convicted to “judicial restraint” (contrainte judiciaire) from other prisoners
In exceptional circumstances, if you are moved to the prison hospital you may meet other groups of prisoners.
Other reasons for isolation
There may be situations when you are in danger of harassment or ill-treatment because of your personal circumstances. In those situations, the prison administration must react to any threats and, if necessary, transfer you to a different cell or prison. You can also ask the prison administration to be placed in isolation if it is needed for your protection or security.
example If you are the victim of a serious act of violence committed by another prisoner, you will be given priority to be in an individual cell.
Duties of prison staff
If the prison administration is not aware of threats to your safety because of your personal circumstances, you should alert the prison staff immediately. However, if the danger to your safety is obvious or foreseeable, the prison administration must act to protect you even without your special request.
important The prison administration cannot isolate you from other prisoners just because you differ from others unless there is a real need for such isolation.
example If the prison administration knows that the other prisoner living with you in your cell is dangerous, they should not let you live with him and should put you in another cell, especially if you have already complained about violent behaviours committed by this other prisoner.
What human rights violation may there be?
Prohibition against inhumane or degrading treatment
If you are not isolated from other inmates who may pose a serious threat to your safety, and because of that you are exposed to violence, harassment or constant threats, it may lead to a violation of the prohibition against inhumane and degrading treatment.
However, not every minor conflict with a cellmate will be considered a danger to your safety.
example If you have been placed in a cell with a person who swears a lot, most likely this will not violate your rights. However, if you experience verbal harassment and threats from your cellmates for several months, but the prison administration does not react to your complaints, it may result in a violation of your rights even if no actual physical violence has taken place.
Read more about the duty to investigate and prevent such treatment.
Right to life
In the most serious situations, a failure to isolate someone from other inmates may lead to a loss of life.
Read more about how to evaluate whether the right to life has been violated.
How to complain
If you believe that your rights have been violated, you should complain to the French Prison administration. Read more about how to complain.