Use of the inmate's work remuneration without his consent; health costs not covered by health insurance

Facts

A. was detained at the Bochuz Penitentiary, within the EPO, from August 14, 2014. On April 9, 2019, in view of his transfer, the EPO Accounting Service issued the "Closing and Exit Statement" document, signed the same day by the person concerned. On April 12, 2019, A. requested explanations regarding his exit statement, in particular on the amount of CHF 2,245.70 transferred from his reserved account to the Penitentiary Service, to cover part of his medical expenses not covered by health insurance.

On April 19, 2019, A. filed an "administrative complaint" against the interim director of the EPO, the house manager, the EPO Accounting Service, as well as any other intervening party, for abuse of authority, theft and misappropriation, and fraud. He concluded with the reimbursement of the sum of CHF 502.10, including the costs of transporting his personal effects and the purchase of boxes, as well as the debt of CHF 63.90, alleging that all of these costs should have been borne by the EPO or the Canton of Vaud.

By decision of December 18, 2020, the Head of the Penitentiary Service rejected the appeal filed by A. and confirmed that the amount of CHF 2,245.70 had been rightfully deducted from his reserved account to cover part of his medical expenses not covered by health insurance.

Considerations

The Federal Tribunal dismissed A.'s appeal. The wording of Art. 83 para. 2 of the Swiss Criminal Code (SCC) is not exhaustive and does not exclude that a portion of the inmate's remuneration may be used in a targeted manner, if necessary without his consent, when an express legal basis provides for it. In this case, Art. 60 of the Vaud Regulation on the Status of Convicted Persons (RSPC/VD) authorized the use of the inmate's reserved account, fed by 20% of his remuneration, for the payment of health costs not covered by health insurance.

The…