Question 22878 — places of deprivation of liberty

Summary

Mrs. Albane Gaillot draws the attention of Mrs. Keeper of the Seals, Minister of Justice, to the obligation incumbent on the French State to take care of prisoners in a situation of dependency due to their age. In France, among the 70,710 prisoners recorded as of July 1, 2018, 6% are over 70 years old and 1% are over 80 years old. Due to the aging of the population and the increase in life expectancy, these numbers are increasing significantly. exponential: in fact, the number of prisoners over 60 years old has multiplied by 6.7 since the beginning of the 1990s. Article 22 of the prison law of November 24, 2009 prescribes that the prison administration guarantees to any detained person respect for their dignity and their rights, and that the exercise of these cannot be subject to restrictions other than those resulting from the constraints inherent to detention, the maintenance the security and good order of establishments, the prevention of recidivism and the protection of the interests of victims. These restrictions take into account the age, state of health, disability and personality of the detained person. However, testimonies and field studies show the ineffectiveness of this measure. Prison institutes are not suitable for taking care of dependency following the age of the detainees. This situation is unacceptable because the pathologies that can affect prisoners because of their age occur earlier in prison and are more acute because of their life history, generally marked by precariousness. They therefore find themselves in a context where the conditions of detention prove to be unsuitable (small cells, unbalanced diet, insufficient hygiene). Added to this is the difficulty of obtaining the necessary medical aids and equipment (life aids, anti-decubitus mattresses, medical bed). In addition, prison staff are not trained to care for people in dependent situations. Also, she wishes to know the interpretation of the state of the law by the ministry on the existence of an obligation for France to take care of the state of health of elderly prisoners in a dependent situation. If applicable, she questions him on the modalities envisaged to ensure this care, whether by the necessary adaptation of penitentiary institutes or by the training of personnel authorized to take care of dependency, or even on the modalities of collaboration of health and medico-social with penitentiary establishments.

Machine translation from French. The official text remains authoritative.

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