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Observatoire international des prisons (section franšaise), n░ 276017 , Conseil d'Etat, 30 mars 2005, AJDA 2005 Informations rapides p. 748

Facts: On November 18, 2004 the French government issued a bill relating to the organization of penitentiary escorts of detained persons needing a medical lookup. It provided that the detained prisoners did not need to be handcuffed during the medical visit and checkup. The applicant, the International Observatory of Jails (French section) claimed that this bill did not provide enough security and had to be repealed.

Holding: the Conseil d'Etat rejected the claim of the International Observatory of Jails (French section) regarding the bill of November 18, 2004 relating to the organization of penitentiary escorts of detained persons needing a medical lookup.

Reasoning: the Conseil d'Etat found that pursuant to the challenged bill, the security measures implemented by the penitentiary administration during the moving of a detained prisoner from the jail to the medical center and his stay in the medical center had to be proportionate to the dangerousness of the prisoner and to the risk of escape. This balancing decision had to be made on a case by case basis to assure the confidentiality of the relations between the prisoner and his doctor, which was the basis of the respect for the dignity of the prisoner. Therefore the decree did not violate the Penal Procedural Code or the Public Health Code or the European Convention on Human Rights.

 

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