There must be enough space in your cell for the number of people in it. Overcrowding can cause additional stress and limit your movement in the cell, therefore, the prison administration must make sure that there is enough space for each person in your cell.
The exact space that should be available to you is not precisely defined. It depends on the quality of the space and the amount of time you have to spend in your cell.
example If you have to spend most of the day in your cell, you should be placed in a bigger and better quality cell than if you can use other premises during the day and only spend nights in your cell.
Space
French law does not specify what the minimum size of your cell should be. However, the European Court of Human Rights has given precise instructions on cell size without giving a clear-cut number.
In 2016, the European Court of Human Rights considered that if a prisoner is kept for a prolonged amount of time in a cell that does not provide him with a personal space of at least 3m², there is a strong presumption of violation of article 3.
This presumption can be rebutted if multiple criteria are satisfied:
- the restriction of personal space is limited in time and frequency
- the prisoner has the opportunity to access and use other, larger facilities in prison every day
- other conditions are appropriately provided (such as fresh air, natural light, temperature, etc.)
example The European Court of Human Rights has used this reasoning, among other arguments, to condemn France in 2020 for the conditions in which several prisoners were held.
The space that you have in the cell is determined by dividing the size of the cell, not counting the size of the toilet area,with the number of persons held in it.Read more about placement in cells.
What human rights violation may there be?
Prohibition against inhuman or degrading treatment
Living in an overcrowded cell may lead to a violation of your right not to be treated in an inhumane or degrading way. However, the effect that overcrowding leaves on your physical or mental condition must reach a certain minimum level of severity. Minor short-term deviations will not cause a violation of your rights.
example If you are placed in a cell smaller than 3m² for two days, it will probably not violate your rights. However, if you are forced to share a badly ventilated and dark 10m² cell with two other cellmates for 6 months, it will most likely be a violation of your rights.
Read more about how to evaluate whether your rights have been violated.
How to complain
If you believe that your rights have been violated, you should complain to the prison administration. Read more about how to complain.