Justice could allow prisoners to show their faces on the screen

Prisoners can they appear openly in a television documentary or should protect themselves against? This is the issue before the court, hearing an appeal on the subject. Thursday, July 5, the public rapporteur Paris Administrative Court recommended the cancellation of the ban on the broadcast of the documentary Moving. If this conclusion were to be validated during the deliberations, the decision would mark a breakthrough in the freedom of expression of those detained.

The film, directed by Catherine Rechard and produced by Candela productions, shows the transfer in March 2010 held the old house off Jacques-Cartier Rennes to the new detention center Vezin-le-Coquet, on the outskirts of the city. The prisoners who have given their written consent, they appear openly.

SOBER AND REPORT WITHOUT COMMENTS

Between the two institutions, the contrast is striking. At Jacques-Cartier, local crumbled but the prisoners could spend time window. See life a little outside. And sometimes exchange in the corridors. A Vezin, the cells are clean but the corridors squared of fences, inhibiting any communication. "In the old prisons, who had ill-being was always someone to talk to," admits a keeper. Inmates also regret. "Here, there is a nice little comfort. But comfort, we can do without. We can not do without contact. "

Showing Vezin, this beautiful story, sober and without comment, reveals the situation of most new prisons. In this he bothers. The film has been authorized in the festivals and private screenings but banned on television, the prison administration (AP) invoking the "right to be forgotten" and sentenced persons relying on Article 41 of the Prisons Act 2009. This article provides that the AP may refuse dissemination "of the image or voice" of a convicted person when "the restriction is necessary to safeguard public order, prevention of crime to the protection of victims' rights or those of third parties and the reintegration of the persons concerned. " Hearing an administrative appeal, the Justice Minister Michel Mercier was confirmed in May 2011 that decision.

It had been months since Catherine Rechard and Franck Delaunay, the Rennes producer challenged this decision and shouted to censorship. On Thursday, the public rapporteur magistrate propose a legal solution to his colleagues, voted against the decision of the AP and the Minister and recommended 1,500 euros in damages to be paid by the State.

"The reading of the legislation the minister of justice is a misunderstanding," he has said. "The broadcast of the documentary does not affect the rehabilitation of prisoners." Etienne Christmas for me, the applicants' lawyer, "this prohibition is characteristic of the prison administration that speaks of legal subjects. This film wants to give them their freedom of expression. " Court decision in early August.

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