Is the rise in the number of prisoners linked to the tightening of justice after the terrorist attacks in France? Is the opposition right to criticize President Hollande for being too soft on crime? How to solve the problem of overcrowded prisons? These questions are once again at the center of the week's debates in France.
A new historic record was set in July in France's penal system. According to the Ministry of Justice, the number of inmates in prisons and detention centers reached 69,375. The previous sad record was set in April 2014 – 68,860 inmates.
As noted by RFI (Radio France Internationale), French prisons have a total capacity of only 58,300 places. According to official statistics, the number of prisoners exceeds capacity by 11,000. Overcrowded prisons mean cells packed to capacity, as well as at least 1,650 people who are forced to sleep on the floor on mattresses, reports the French Ministry of Justice.
In France, a long-standing law from 1875 established the principle: each prisoner should have a separate cell. In practice, this law has never been respected. Parliament regularly extends a moratorium on the enforcement of this norm. The current moratorium is in effect until 2019.
For the Council of Europe, France has long been among the ten most problematic countries for prison overcrowding. Among the organization's 47 member states, the French occupy an unenviable 7th place! In a special report from the Council of Europe in March of this year, it was noted that on average, for every 100 prison places in France, there are 115 inmates. The average prison occupancy rate across Council of Europe countries is less than 92%. Only Hungary (142 inmates per 100 places), Belgium (129), Macedonia (123), and Greece (121) fare worse than France.
In the global ranking of prison occupancy, France ranks 90th between Slovenia and Kiribati, notes the International Centre for Prison Studies. The top three global leaders are Haiti, Benin, and the Philippines: there, per 100 places, there are 300-450 inmates. Prisons in Belarus are at 97% capacity, Russia at 82%, Ukraine at 63%.
By number of prisoners per capita, France ranks 146th in the world: 99 inmates per 100,000 population. The top two spots are held by the Seychelles (799) and the United States (693). Russia is in 10th place with a rate of 451, Belarus is 32nd (306), Ukraine is 85th (171).
For many years, prisons have remained a headache for any French government – whether right-wing or left-wing. In addition to the lack of space, there is also a shortage of guards: the penitentiary system lacks about 4,000 staff out of a total of 27,000 prison officers. It is no wonder that French guards frequently stage protests, demanding normal working conditions and humane conditions for inmates.
The overall situation in the penitentiary system was described to RFI by François Bess, an expert from the International Prison Observatory (Observatoire international des prisons, OIP). This human rights non-governmental organization, with consultative status at the UN, has been studying prison issues for a quarter of a century. "Everyone agrees that overcrowding affects both prisoners and guards. Specifically, three people are held in cells designed for one. In many prisons, the number of inmates is twice the capacity. This means inmates have fewer activities, fewer opportunities for rehabilitation, fewer chances to work or receive medical care. And this situation is extremely problematic."
"Our prisons breed the troubles of tomorrow," French Justice Minister Jean-Jacques Urvoas recently admitted. Harsh conditions breed violence and do little to promote rehabilitation or remorse. They only exacerbate problems and the risk of recidivism. Prison guards' unions call French prisons "hellish cauldrons" where crime is brewed.
Authorities have long and unsuccessfully tried to solve the problem of overcrowded prisons through two approaches: building new penitentiary institutions and reducing the number of inmates. The first path is long and costly: a cell in a new 500-place prison costs an average of 200,000 euros, and construction itself takes about ten years, notes France-Presse.
Reducing prison populations by choosing non-custodial measures and sentences for pre-trial detainees and convicts is not working well so far, according to the expert from the International Prison Observatory. "The minister merely acknowledged what his predecessors had already said," notes François Bess. "This has been said for decades. In recent years, there has been a steady increase in the number of prisoners, despite laws passed to address the problem. In 2009, under President Sarkozy, a law on the penitentiary system was passed that allowed for sentence reductions for those sentenced to up to two years in prison. In 2014, Justice Minister Christiane Taubira carried out her reform. We have laws aimed at combating prison overcrowding. But these measures are not implemented due to lack of funds and political will to enforce them."
The new record of prison overcrowding is linked by the Ministry of Justice to the situation in France after a series of major terrorist attacks. The number of pre-trial detainees has sharply increased. Over the past year, the number of convicted prisoners in French prisons has remained stable – just over 47,000. However, the population of detention centers increased by nearly 14% – from 17,600 to 20,000 people.
An acute situation has developed in the Paris region, where in eight detention centers occupancy is approaching 170%, according to Justice Minister Jean-Jacques Urvoas. There, the number of those arrested during the investigation has increased by 20%, notes the expert.
«In France, there are two regions where the problem of prison overcrowding is most acute. First and foremost, the Paris region of Île-de-France. Here, prison overcrowding is linked to the current situation and a sharp increase in the number of detainees during investigations. Over the year, their number has increased by more than 20%! In second place are the overseas territories. For example, in French Polynesia, prisons are 300% overcrowded!» says François Bès.
The detention centers in the Paris region are largely filled with pre-trial detainees in terrorism cases. In France, these cases fall under the jurisdiction of the Paris prosecutor's office. It is under this office that a special unit has been created, bringing together prosecutors and investigating judges specialized in counterterrorism. All these investigations are led by the Paris prosecutor François Molins. This organization of the fight against terrorism exacerbates the situation in Paris prisons, explains expert François Bès: «All those suspected of ties to terrorism, as well as those convicted of terrorism, go through the prisons of the Paris region because the judicial and investigative authorities handling these cases are located in Paris. Therefore, all suspects and pre-trial detainees are transferred to Paris.»
Leftists in France are often criticized for their «too soft policy» in the fight against crime. From the mouths of right-wing politicians, talk of «over-tolerance», insufficient strictness and toughness of the socialists' approach to this problem has become a commonplace. Such criticism only intensifies against the backdrop of repeated terrorist attacks.
Prison statistics show that accusations of «softness» do not correspond to reality, notes François Bès, expert from the International Prison Observatory FB: «The over-tolerance for which the current government is criticized does not match reality. We have never had such a number of prisoners in our prisons! These are rather purely political statements, reflecting the desire of many politicians in the opposition and even in the government to tighten legislation. They are simply using this false perception of the authorities' over-tolerance. The facts show that we have never had such a number of prisoners.»
According to the French Ministry of Justice, the number of court decisions to reduce prison sentences for convicts is decreasing. Over the year, the number of people released on parole fell by 1.5% to 13,283. French courts have become even less willing to release convicts early under supervision. Over the year, the number of such decisions fell by 20%. Only 442 people were released under supervision before the end of their sentence.
Supporters of a tough punishment policy may be satisfied. However, many experts are not at all sure that all convicts should serve their full sentence – without any chance of early release.
«The problem lies in the living conditions of prisoners, as well as in the significant decrease in the number of paroles,» says François Bès. «When people are released on parole, they receive help and support to return to normal life, and they also remain under judicial supervision. All these measures reduce the risk of recidivism by half. Now, as the number of paroles decreases, more and more people leave prison after serving their full sentence. They remain without help, support, or supervision. Potentially, this increases the risk of recidivism and the number of crime victims in society.»
While politicians and experts argue about the need to toughen the justice system, French prisoners fight prison overcrowding and poor conditions as best they can. This year, three inmates of the prison in Coutances, western France, won court cases against the administration, which is unable to cope with the problem of overcrowded cells. The prisoners cited the recommendation of the European Court of Human Rights, according to which each prisoner must be provided with at least 3 square meters of living space in a cell. One plaintiff spent 88 days in a 20-square-meter cell with six «roommates». The other two spent 30–40 days in similar conditions. The court ordered the prison administration to pay them compensation ranging from 400 to 1,300 euros. In Coutances prison, designed for 50 inmates, 86 prisoners were held last year.