Discipline behind bars in French prisons: compliance with article 6 ECHR
The commission of a disciplinary infraction in French prisons may lead to the imposition of additional days of imprisonment (through a loss of remission), thus effectively prolonging the time a detainee spends in prison. This practice has previously been condemned by the European Court of Human Rights in the United Kingdom, as a loss of remission is considered a sanction of penal nature and a detainee’s guilt had not been determined on the basis of a fair trial, in accordance with art. 6 ECHR. Although a detainee in French prisons is likewise refused a fair trial, the French administration claims that the situation is different and the ECHR does not apply. This article analyses French law and practice, clarifies why the situation in France should be revised and offers multiple policy options to prevent a future conviction by the European Court of Human Rights.