On July 31th 2008, a court mandated architect Jean-Paul Lanquette submitted his report on the detention conditions in the jail of Clermont-Ferrand. The jail is composed of 19 cells of up to 12 detainees with no closed bathroom or mechanical ventilation.
On December 1st 2008, 3 detainees pressed charges to the local district attorney for “degrading conditions of detention” prohibited by article 225-14 of the penal code and violations of articles D349 to D358 of the code of penal procedure. No investigation was opened and no decision was taken by the local district attorney.
On January 20th 2009, the Cour de cassation ruled that article 225-14 of the penal code couldn’t be applied to detention conditions in jail.
On July 3rd 2009, 6 detainees and the lawyers union SAF filed their application with the E.C.H.R arguing that the detention conditions and the absence of criminal investigation constituted violations of articles 2,3,5 with articles 6-1,13. The applicants are represented by Me Edgard Kiganga-Siroko (Clermont-Ferrand)
On August 31th 2010, the Court found SAF didn’t have the quality of victim (art. 34) and found inadmissible the allegations of violations of articles 2,5,6-1 . The Court communicated the application to the agent of French Republic with questions to be answered before January 5th 2011.
CGLPL the national preventive mechanism of OPCAT, informed of the detention conditions by the lawyer of the applicants refused to visit the jail of Clermont-Ferrand. His office didn’t return our e-mail for comment.