A person in police custody in “unworthy conditions” can be released, judges the Constitutional Council

This is a major decision on the conditions of police custody. The Constitutional Council estimated, Friday October 6, that“in the event of an attack on the dignity of a person resulting from the conditions of their police custody”the competent magistrate must “immediately take any measures to put an end to this violation or, if no measures permit, order his release.”. Failing this, the person held in custody may incur the liability of the State. “in order to obtain compensation for the damage”.

The Constitutional Council made this decision after having was seized by the Association of Criminal Lawyers (Adap), which had called on the Sages to impose legal guarantees to force the authorities to ensure dignified conditions for those held in police custody. In September 2021, the General Controller of places of deprivation of liberty published a series of recommendations, noting “the total indignity of the reception conditions of the police custody and sobering up premises of the national police”.

“It’s a victory at the very least”reacted to AFP Patrice Spinosi, lawyer for Adap. “We have the feeling that despite the observation of the structural indignity of the conditions of police custody, the Constitutional Council did not wish to encourage the legislator towards reform”did he declare. “Nevertheless, this is the first time that the fact that the public prosecutor has the duty to release a person in police custody has been recognized” if the conditions thereof are unworthy, he added.