Question 17994 — places of deprivation of liberty

Summary

Ms. Andrée Taurinya draws the attention of the Keeper of the Seals, Minister of Justice, following his visit on July 23, 2025 to the Roanne detention center, to the conditions of detention of transgender people. The General Controller of places of deprivation of liberty already pointed out in his June 2023 visit report the illegal nature of the searches carried out on transgender detainees. In the absence of genital surgery, the The search was carried out by two agents, a supervisor to inspect the upper body and the visible chest and a supervisor for the lower part of the genitals, such a method going against the CGLPL opinion of May 25, 2021 relating to the care of transgender people in places of deprivation of liberty. The MP was confirmed by a detained person concerned the persistence of these methods humiliating conditions in contradiction with the framework for the care of LBGT+ people placed under the control of the law published by the management of the prison administration in 2024. The prison code recalls that in matters of pat-down or full searches, scrupulous respect for ethical rules and dignity is particularly important. Article R. 225-3 of the code provides that the search be carried out by an agent of the same sex as that of the person searched, the reference system specifies that the word “sex” is understood as the mention of the sex in the civil status of the agent as well as of the person searched and not in terms of bodily appearance or genitals. Concerning trans people who have not yet changed their civil status, it is possible to deviate from the principle of search by an agent of the same civil status as the person searched. In case assignment that deviates from the sex registered in the civil register, it is recommended that the search be carried out by a person of the sex usually carrying out searches in the sector: a female detention supervisor, a male detention supervisor. The framework is very explicit here: "for example, a transgender woman assigned in a derogatory manner to a women's quarter, having not changed the gender designation in her marital status and being therefore registered as a man in the civil registry, is in principle searched by a female supervisor.” On this occasion, the supervisors accompanying the MP raised questions of “modesty” (sic), “a female supervisor should not be exposed to male sexual organs during a search”, the supervisors evoking the hypothesis of “unfinished transition” (sic). The adoption of a benchmark was intended to reduce the persistence of transphobic discrimination by persons holding public authority, this document recalling as such the criminally reprehensible nature of such discrimination. It provides that searches will be carried out on a voluntary basis if necessary. It indicates the need to “previously raise awareness among agents working in the sector concerned”. As a last resort, senior personnel intervenes in support by carrying out a search in pairs of supervisors of the same sex. If no volunteer personnel can be identified despite consultation with the agents, the search is carried out by an agent of the same civil status as that of the person searched. The MP was thus informed of the extreme difficulty of arranging the conditions of detention of transgender people, with the prison administration conditioning the assignment of the detained person to a neighborhood corresponding to the declared gender (and also appearing on their civil status) to carry out an irreversible surgical operation on their sexual organs. The MP recalls that this injunction against self-mutilation of transgender people is inhumane and that it was legally abolished by the law of November 18, 2016 on the modernization of justice which demedicalized the change of marital status, the absence of proof of treatment or surgical operations cannot under any circumstances justify a refusal. As a result, the prison administration is indefinitely extending the solitary confinement of transgender people at the Roanne detention center, plunging them into a state of significant emotional distress and undermining the dignity of the human person. The deputy therefore questions Mr. keeps the seal on the content of the measures that it will take to enforce the national framework for the care of LGBT+ people placed under the control of justice published in March 2024 by the management of the prison administration to supervise and secure professional practices in the face of LGBTphobia. She asks him in particular if he will take all the necessary measures to put an end to these practices. discriminatory practices observed at the Roanne detention center.

Machine translation from French. The official text remains authoritative.

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1. 8 September 2026

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• Andrée Taurinya · auteur

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