Cour Administrative d’Appel de Versailles
29 décembre 2011
Facts
The applicant, a 19-year-old detainee, was placed in detention in a cell with another prisoner who committed acts of torture, violence, and sexual abuse on him. He denounced these acts only after he had been moved to another cell, by fear of retaliation. His fellow inmate was sentenced by the Court to 10 years of prison for these acts of violence.
Complaints
The applicant complained against the decision of the Minister of Justice by which the Minister rejected his claim for compensation for his loss. He argued that the prison administration had committed faults in that it failed to prevent violence committed against him due to a lack of supervision and failure to organise the placement of prisoners in cells.
Court’s ruling
The Court condemned the prison administration to compensate the applicant. The Court found that the damage that occurred was directly linked to the lack of adequate supervision from the prison administration. Indeed, the acts of torture happened at night, at a time when there were only 8 guards for 500 prisoners. In addition, the guards did not pay attention to him during the night patrols and did not take any measures to verify if he was in good condition, even though they could hear screams. In addition, the prison staff did not check on his health and condition, despite the marks of violence on his face and the scenes of humiliation happening in the yard.
The Court concluded that the prison administration was responsible for the victim’s loss. The prison administration was obliged to compensate the victim for assigning him to the same cell as his abuser, whose dangerousness was well-known, and for ignoring his calls for help.