The Council of State cancels the circular prohibiting fun activities in prison – Liberation

It is a setback for the Keeper of the Seals. The Council of State has canceled the ban on any « fun » activity in prison, Disavrating a circular published last February by Gérald Darmanin. In an order published this Monday, the highest administrative court stresses that prohibiting these activities would indeed be contrary to the penitentiary code, which provides for prisoners condemned the organization of activities allowing their reintegration. The so -called “provocative” activities – also affected by this circular – can be legally prohibited if they affect respect due to the victims.

The highest administrative court also noted that if the Keeper of the Seals could set the conditions for the exercise of the activities proposed by the prison administration, he could not « Prohibit, in principle, activities in accordance with the prison code, simply because they would have a playful character ».

In the wake of a controversy around facial care that were lavished between them Detainees from the Toulouse-Seysses prison, the Keeper of the Seals announced in mid-February having ordered the stop of all « Playful activities » In prison which does not concern education, the French language or sport. In a letter to the director of the prison administration, the Minister had insisted that the implementation of activities in detention had to take into account the « Sense of pain » and the « Respect for victims ». « None of these activities can be fun or provocative », Add the text, without further details.

In its order on Monday, the Council of State therefore decided to cancel the mention « Playful or » present in the address of the Keeper of the Seals. And to keep the term « provocative », while framing it from a precise definition. The administrative court specifies that only the « Activities which are, because of their object, the choice of participants or their practical methods, likely to undermine respect due to the victims ».

In the wake of this announcement, Nicolas Ferran, head of the litigation center at the International Prisons Observatory (OIP) at the origin of this referral, praised with Liberation « an undeniable victory and a total disavowal for Gérald Darmanin ». « Even if the Council of State does not cancel the so -called provocative activities, it drastically reduces the hypotheses in which this notion can be mobilized. It is not a cancellation as such, but a restriction so framed that it almost completely neutralizes this possibility. ”

According to Nicolas Ferran, the question is now « How this decision will affect the prison administration », While, according to a statement carried out by the OIP, more than 150 activities for prisoners have been deleted since the publication of this circular, in more than 70 establishments. Yoga sessions, board game sessions or animal mediation activities have thus been rebuilt under their appearance « playful ».

« We will now work to monitor how the activities will be restored in establishments », Complete the head of the OPI, who adds having already taken legal action against several of these cancellations.

Dominique Simonnot, general controller of places of deprivation of freedom, also rejoices with Liberty of this ordinance of the Council of State which puts an end to « This catastrophic decision by Gérald Darmanin (…) He himself knew he had gone too far.  » Dominique Simonnot, however, underlines that he is « Abandoning to rejoice at a decision which devotes a decision of the order of normality ».