The Council of State overturns Gérald Darmanin’s prison “play activities” ban.

On Monday, May 19, the Council of State **canceled** the ban on **”Fun” activities** in prisons, which had been mandated in a circular by the Minister of Justice, **Gérald Darmanin**. The Council clarified that while activities deemed **”provocative”** could legally be prohibited, activities categorized as **”fun”** cannot be outright banned under the current laws.

The highest administrative jurisdiction highlighted in a press release that while the Keeper of the Seals can set specific conditions concerning activities proposed by the prison administration, they cannot **”prohibit, in principle, activities in accordance with the penitentiary code, simply because they would have a ‘playful’ character.”**

According to the **penitentiary code**, prisoners are entitled to participate in activities that facilitate their reintegration into society.

Controversy Over Prison Activities

In light of a public backlash following **facial treatments** offered to inmates at the **Toulouse-Seysses** prison, Minister Darmanin issued a directive in mid-February halting all **”fun activities”** within prisons that do not pertain to education, language courses, or sports.

In a letter directed to the prison administration, the minister emphasized that the activities conducted in detention must honor a **”sense of pain”** and **”respect for victims.”** The message asserted, **”None of these activities can be fun or provocative,”** though it lacked further elaboration.

Legal Framework

The Council of State’s order annulled the **”fun”** characterization in the Keeper of the Seals’ address. The court specified that only **”activities that are, because of their object, the choice of participants or their practical methods, likely to undermine respect due to the victims”** could be classified as provocative and hence prohibited.

As a commentary on the ruling, the lawyer for the **International Prisons Observatory** (OIP), **Patrice Spinosi**, noted, **”This decision constitutes a camouflet for Gérald Darmanin, who wanted to prohibit, in principle, any fun activity in detention, in reaction to the media controversy surrounding the so-called ‘facials’ at the Toulouse remand center.”** He expressed satisfaction that the minister’s drastic measures had inadvertently led to the suspension of numerous activities in French prisons that could now resume.

Organizations including OIP and the **Human Rights League** have raised concerns, arguing that the ban on **”fun activities”** jeopardizes the right of detained individuals to reintegrate effectively into society. The seven applicant organizations asserted, **”This ban contributes to hindering the right of any person detained in reintegration.”**

Importance of Reintegration Activities

**Dominique Simonnot**, the general controller of places of deprivation of freedom, remarked that eliminating such activities was a **”wrong”** decision, emphasizing that they are **”provided by law.”** She stated, **”These fun activities are not just entertainment; they help individuals learn to reintegrate into society normally.”**

In summary, the Council of State’s ruling reflects a significant shift in the approach toward prison activities centered on reintegration. The reinstatement of **”fun” and educational activities** stands to benefit not only the prisoners but also society as a whole by fostering rehabilitation and reducing recidivism rates.