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France – Tribunal of first instance of Meaux, 7 July 2019, n° 19/03061
Country of Decision:
Country of Applicant:
Date of Decision:
07-07-2019
Citation:
Order of 7 July 2019, n° 19/03061
Court Name:
Meaux first instance Tribunal (Emmanuelle Richard, Judge of liberty and detention)
Keywords:
Relevant Legislative Provisions:
Council of Europe Instruments > EN - Convention for the Protection of Human Rights and Fundamental Freedoms
Council of Europe Instruments
Council of Europe Instruments > EN - Convention for the Protection of Human Rights and Fundamental Freedoms > Article 3
Council of Europe Instruments
Council of Europe Instruments > EN - Convention for the Protection of Human Rights and Fundamental Freedoms > Article 3
National / Other Legislative Provisions:
Art. R552-17 of the Code on the entry and residence of foreigners (CESEDA)
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Headnote:
The placement in solitary confinement of the applicant represented in this context a disproportionate infringement of the applicant's rights and justified his release, in particular due to his state of mental health.
Facts:
On 20 May 2019, the applicant, allegedly of Lebanese nationality but claiming to be Palestinian, was notified with an order requiring him to leave French territory. He was placed in a detention centre on the 31 May. His detention was extended on 2 June for 20 days, and then on 30 June for 38 days.
On 3 July, the applicant made a suicide attempt while in detention. The psychiatrist recommended that appropriate measures be taken to protect him.
The measure chosen by the detention centre administration was the solitary confinement of the applicant, which is the measure taken following a public order disturbance, in this case constituted by a self-aggressive act.
On 6 July, the applicant filed a request to be released.
Decision & Reasoning:
The Judge of liberty and detention of Meaux noted that the measure of isolation confinement of the applicant, taken by the detention centre administration, following the applicant suicide attempt is a measure that is taken following a public order disturbance, in this case constituted by a self-aggressive act.
The Judge underlined that such measure in this context couldn’t constitute a proper care considering that the applicant must have been in a state of mental suffering.
Moreover, it was not apparent from the file that the applicant disturbed public order or threatened the safety of other prisoners. On the contrary, reports in the file indicated that the applicant was a polite and respectful prisoner towards the centre's staff, but depressed and determined to take his own life.
As a result, the measure chosen by the detention centre administration following the applicant suicide attempt was, to say the least, unsuitable for the situation of psychological suffering and his placement in isolation couldn’t constitute a proper care.
The placement in solitary confinement of the applicant represented a disproportionate infringement of the applicant's rights and justified his release.
Outcome:
The applicant was released.
