Legal summary

May 2023

Section française de l'Observatoire international des prisons v. France (communicated case) - 45769/22

Article 6

Administrative proceedings

Article 6-1

Access to court

Refusal to direct the authorities to issue updates on the allegedly incomplete and delayed enforcement of an urgent order to improve conditions of detention: communicated

Article 13

Effective remedy

Refusal to direct the authorities to issue updates on the allegedly incomplete and delayed enforcement of an urgent order to improve conditions of detention: communicated

Following a report by the Inspector General of Detention Facilities (CGLPL) describing the conditions of detention in Remire-Montjoly Prison as inhuman and degrading, the applicant association requested the urgent applications judge of the French Guiana Administrative Court, under the urgent procedure provided for by Article L. 521-2 of the Administrative Courts Code, to:

– order measures to improve the conditions of detention in that prison; and

– require the prison authorities to provide it with an update within six months on the action taken to implement those measures.

In an order of 23 February 2019 (“the order”), the urgent applications judge granted the requests. However, the requirement for the applicant association to be provided with an update on implementation of the measures ordered was set aside on appeal by the Conseil d’État in April 2019, on the grounds that it was not for the urgent applications judge to impose such a duty to inform on the authorities.

The applicant association attempted by various means to obtain updated information. In particular, in June 2021, it applied to the Report and Research Division of the Conseil d’État for enforcement of the order. In the context of examination of that application the Minister provided various documents attesting to the steps taken, which were sent to the applicant association. In December 2021 the Report and Research Division disposed of the case administratively, finding that the order was in the process of being enforced.

In parallel, the applicant association lodged an appeal against the authorities’ refusal to provide it with information and documents confirming that the terms of the order were being complied with. However, in a ruling of 19 May 2022, the Conseil d’État :

– held that all existing documents attesting to enforcement of the order had already been sent to the applicant association in the context of the aforementioned proceedings before the Report and Research Division and that, accordingly, it was no longer necessary to rule in that regard;

– rejected the request for the authorities to prepare and transmit to the applicant association a quarterly update on the measures taken. The Conseil d’État found in substance:

(i) that the legislation on access to administrative documents – Articles L. 300-2 and L. 311-1 of the Code on Relations between the Public and the Administrative Authorities – did not require the authorities to draw up an administrative document which they did not already possess;

(ii) that no provision or principle established a right for the applicant association to require the administrative authorities to prepare such an update or a right to receive a copy of it; in particular, no right to receive a copy could be asserted on the basis of the binding nature of the order in question, which did not contain any requirement to that effect.

The applicant association complains of the partial and delayed enforcement of the order of February 2019 and of the lack of an effective procedure by which to secure enforcement within a reasonable time. It also contends that the judge’s refusal to compel the prison authorities to keep it informed of progress in enforcing the order amounts to a violation of its right to the execution of judicial decisions.

Communicated under Articles 6 § 1 and 13 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

To access legal summaries in English or French click here . For non-official translations into other languages click here .