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The Justice Department appealed this Tuesday, January 4, 2022 of the judgment of Administrative court of Caen (Calvados) who had ruled in favor of an inmate at theArgentan (Orne).
Najib Hemech, 35 years old and originally from Noyon (Oise), had indeed canceled the extension of his placement in solitary confinement decided in mars 2020 by the deputy director of the establishment.
Known to be escaped from Laon prison (Aisne) on leave in 2013 and sentenced to three years in prison in 2018 after having led a punitive expedition to Noyon, this former drug dealer had actually won the case for a “procedural flaw”.
The judges of first instance had in fact considered that the prison administration had not carried out the “diligence” incumbent on it: the prisoner was not assisted by his lawyer during the extension of the measure criticized.
But Tuesday, on appeal, the public rapporteur estimated that the Argentan detention center had done things in the rules: the detainee had indeed been “informed by a file that he could be assisted by a lawyer” from March 12, 2020.
However, her lawyer had said the same day of the hearing, three months later, that she “did not know if she could be at 4 pm in Argentan”.
He was “free to practice his religion”
On the merits of the case, the magistrate also considered that the prison administration had not violated the European convention of human rights since Najib Hemech was “free to practice his religion” in solitary confinement.
She also did not commit a “manifest error of assessment” in keeping him in this more restrictive prison regime as prison guards described him as having “manipulative behavior” and that he was “starting to work. to take charge of his vulnerable fellow prisoners, ”the public rapporteur told the Nantes judges.
A cell phone was also found in his cell, further noted the magistrate.
“He also said he wanted to use the incidents in detention so that he could be transferred [dans une autre prison, ndlr] “, he added.
The magistrate, whose opinions are often followed by the judges, therefore concluded that the trial court should be set aside and Najib Hemech’s motion dismissed.
The person concerned was neither present nor represented by a lawyer at the hearing.
The Nantes administrative court of appeal, which has reserved its decision, will deliver its judgment in the coming weeks.
GF (PressPepper) for The Journal de l’Orne
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