Council of State Overrules Gérald Darmanin on Prison Activities, Upholds Inmates’ Right to Reintegration

On Monday, May 19, France’s Council of State overturned Justice Minister Gérald Darmanin’s directive banning “recreational” activities in prisons. The ruling, welcomed by human rights organizations, reaffirms that inmates are entitled to activities supporting their rehabilitation.

In a decision obtained by AFP, the country’s highest administrative court clarified that only activities deemed “provocative” — those that could compromise respect for victims — may be legally banned. Recreational activities, however, cannot be prohibited simply because of their nature, as long as they comply with the penitentiary code and contribute to inmates’ reintegration.

A Ban Deemed Illegal and Disproportionate

The court’s ruling follows a February circular issued by Darmanin in response to a controversy over facial treatments reportedly offered to inmates at Toulouse-Seysses prison. The directive halted all prison activities not related to sport, education, or French language learning, triggering backlash from more than 30 organizations — including the International Prisons Observatory (OIP), the Human Rights League, and Secours Catholique — which condemned the move as “purely demagogic” and contrary to France’s legal framework for detention.

Victory for Human Rights Advocates

After urgent legal action led by several of these organizations, the Council of State ruled that the Justice Minister had exceeded his authority. “This decision is a slap in the face for Gérald Darmanin,” said Patrice Spinosi, lawyer for the OIP, who welcomed the reinstatement of hundreds of previously suspended activities across French prisons.

As of now, the Ministry of Justice has not issued a response.