ABSTRACT
Considering the situation of distress that detainees may experience as a result of overcrowding and inhumane conditions of imprisonment, the question arises as to what legal remedies are available to challenge them. Within the scope of the prohibition of inhuman and degrading treatment, a number of requirements under the European Convention on Human Rights apply. Indeed, the national legal systems of the Member States must first of all recognise the violations of rights that have occurred and provide redress, but at the same time they must also ensure that persons deprived of their liberty are able to seek preventive remedies to put an end to the conditions constituting a prohibited form of treatment. The division of competences between the administrative and judicial orders, a specific feature of the French system, has resulted in a very uneven development of litigation in the field of imprisonment conditions that are contrary to human dignity and have led prisoners to “seek their judge” for a long time. Thanks to the advocacy of certain associations defending the rights of detainees (in particular International Prison Watch (IPW) French Section and A3D) and certain lawyers advocating for detainees' rights, awareness was raised of the limited means of remedies provided under French law in this area and, as a result, the ECtHR was finally able to rule on the issue. This led to a judgement against France at the beginning of 2020, which brought about profound changes in litigation in this area and put pressure on the French legislators.
