Security, order, and discipline

Security functions are fulfilled by

  • the penitentiary administration
  • the police or gendarmerie

Some prison facilities, units or cells implement high-security measures

yes

Prisoners are classified according to their supposed level of dangerousness

yes

  • Placement in a very high-security facility is supposed to be only for persons deemed to be dangerous offenders and those serving long sentences. The length of stay is supposed to be limited. Some individuals are in fact placed there because of difficult behaviour. The CGLPL sees this kind of treatment as inappropriate for them and says it constitutes “an inordinate system of confinement in disguise”.

    i
    02/2019
    / Report CGLPL

The law allows body searches, whether full or not, if there is a presumption that an offence has been committed or where a person’s behaviour may pose a risk to the security/safety of others or of the prison.
The 24 November 2009 Prison Act allows body searches only as an exceptional measure if other means of control (patting, electronic screening) are not sufficient.

Body cavity searches are conducted by a physician

yes

Internal body examinations are banned unless express justification is provided. They must be carried out by a doctor.

Relatives who enter the prison are searched using the following methods

electronic devices

Professionals who enter the prison are searched using the following methods

electronic devices

Security staff carry

  • firearms
  • non-lethal weapons

A special intervention unit is in charge of restoring order

yes

The 24 November 2009 Prison Act allows body searches only as an exceptional measure if other means of control (patting, electronic screening) are not sufficient. These principles are not applied, as they are vehemently opposed by some of the prison officers’ unions. Since June 2016, naked searches may be carried out in accordance with general guidelines determining where and when they can be conducted, irrespective of any arrangements in place for individual prisoners.

  • Certain security measures were tightened during 2018. Prisoners’ access to activities and work were limited. Very strict protocols such as the frequent use of riot gear and the intervention of local control and support teams were implemented.

    i
    02/2019
    / Report CGLPL

The prison service keeps record of incidents

yes

Number of violent acts against prison staff

4,314

i
2018
/ Prison Administration

Collective movements are recorded

yes

Collective movements usually protest against prison conditions or how poorly the prisons are run. Protests can take the shape of refusing to return from walks, refusing to eat meals, or protesting in the workshops. Any collective action constitutes an offence and members may have to appear before a committee and face disciplinary action.

Breaches of discipline are clearly defined in writing

yes

Disciplinary arrangements and procedures are subject to a number of procedural safeguards, such as the presence of a lawyer and the participation of an arbitrator from the disciplinary committee who must be independent of the administration.

The decision to apply a disciplinary sanction must be subject to an adversarial debate

yes

Prisoners are allowed to be assisted by a lawyer

yes

Prisoners may appeal against disciplinary sanctions

yes

Disciplinary sanctions can be imposed as a collective punishment

no

Solitary confinement can be used as

  • protection
  • security

Solitary confinement is decided

  • a magistrate’s order
  • the prison governor
  • the inmate’s request

The duration for placement in solitary confinement is limited

yes

Solitary confinement can be extended

yes

The solitary confinement measure is subject to regular review

yes