Introduction
The French Constitution states that the Republic is one and indivisible. Yet in the overseas territories of Guadeloupe and French Guiana, this principle often seems disconnected from the reality on the ground, particularly in matters concerning fundamental rights. In March 2024, the European Committee for the Prevention of Torture (CPT) published a report highlighting serious systemic failures in policing and prison conditions in these territories.
This article provides a critical overview of those findings. It examines the political and administrative choices underlying the current security model and explores the tensions between the legitimate objective of public safety and the fundamental imperative of human dignity.
Overcrowded and Neglected: An Alarming State of Detention
The CPT’s first and most urgent observation concerns prison overcrowding. In some facilities, occupancy rates exceed 225 per cent. Inmates are forced to share cramped, poorly ventilated, and unsanitary cells, often without mattresses or basic hygiene. This extreme proximity generates daily violence and aggravates existing tensions, especially in the absence of sufficient staff and reintegration programs.
The report also highlights the severe lack of medical and psychiatric care. Detainees with mental health conditions often endure prolonged isolation or are restrained in non-medical settings, without access to appropriate treatment. These practices may constitute violations of Article 3 of the European Convention on Human Rights, which prohibits inhuman and degrading treatment.
While cases of physical abuse by law enforcement remain relatively limited according to the CPT, other concerns are noted. These include the use of restraints in police stations, inadequate supervision during custody, and poor sanitary conditions. The CPT calls for a significant overhaul of police training to prioritise de-escalation methods and prevent excessive use of force.
A Territorial Inequality in the Republic
The situation described in the CPT report is not an isolated episode. It reflects a deeper structural inequality in how public institutions function in the overseas territories compared to metropolitan France.
The crime rate in Guadeloupe, for instance, is significantly higher than in the mainland. The homicide rate is eight times greater, according to the public prosecutor of Guadeloupe. The territorial criminal policy circular for Guadeloupe explains that the high incidence of serious violent offences is fueled by the widespread circulation of bladed weapons and firearms among the population. But this violence is linked not only to socio-economic factors such as poverty, unemployment, and wealth inequality, but also to
long-standing historical dynamics. The legacy of colonisation and slavery continues to shape the social and institutional fabric of these regions.
The state’s response remains insufficient and poorly adapted. Basic operational tools available in metropolitan France, such as specialised intervention units in the prison system, are simply not deployed in the overseas context. The geographical distance does not justify such an institutional gap.
Policy Responses Under Scrutiny
Following the CPT report, the French government announced plans to build a high-security prison unit in Saint-Laurent-du-Maroni, in French Guiana. This facility would house around sixty inmates, including individuals convicted of drug trafficking and terrorism.
Local actors, however, have expressed strong reservations. Rather than addressing local overcrowding, this new unit is seen as a possible relocation site for dangerous prisoners from the mainland. This raises historical sensitivities, particularly with regard to the memory of the colonial penal system, and reinforces the perception that the overseas territories are being used as institutional backwaters.
A more controversial idea currently under review at the national level involves renting prison space in foreign countries. This measure, proposed as a solution to relieve pressure on the domestic prison system, raises serious legal and ethical questions. Delegating criminal justice responsibilities to third states risks undermining core principles of sovereignty and penal accountability. It also further isolates detainees from their families, legal counsel, and potential rehabilitation.
Conclusion
The cases of Guadeloupe and French Guiana highlight a fundamental contradiction between the French Republic’s universalist claims and the unequal implementation of its values in overseas territories. Public security must not be pursued at the expense of individual dignity and human rights. The structural failures identified by the CPT suggest a systemic neglect that cannot be explained by geography or context alone.
To remain true to its constitutional principles, France must ensure that all its citizens benefit from equal standards of justice, oversight, and dignity, regardless of where they live. Resolving the current crisis requires more than infrastructure; it demands a profound shift in how its overseas territories are treated, both institutionally and politically