France: Council of State Cancels Ban on "Ludic" Activities in Prison

On Monday, 19 May, the Conseil d'État cancelled the ban on "playful or provocative" activities in prison ordered by Gérald Darmanin last February, on the grounds that this instruction was "in violation of the prison code".

In France, fun activities in prison can resume. The Conseil d'État decided to cancel this Monday, May 19, a ban measure taken in February by Gérald Darmanin. Following a controversy over alleged facial treatments given to detainees at the Maison d'arrest in Toulouse, the Minister of Justice announced the cessation of any activity that did not fall within the scope of education and sport. A decision that runs counter to the French prison code.

The highest administrative court noted that while Darmanin could set the conditions for carrying out the proposed activities, it could not prohibit activities in accordance with the prison code simply for their playful nature.

Three months after its publication, on 19 February, the circular "Activities in Detention" of the Keeper of the Seals was scrutinized by the Council of State. The latter was seized by several associations and unions of the prison protesting against the banishment by Gérald Darmanin of any "playful or provocative" animation behind bars and inviting the directors of establishments to show "discretion" and "rigor" in the choice of activities – not …

According to the Council of State, the Minister of Justice cannot prohibit activities regulated by the Prison Code simply because they are "playful".

In its decision, the highest administrative court held that the guard of seals could not "prohibit activities in accordance with the prison code" on the grounds that they would be "playful".