BERNARD JUDGMENT OF 23 APRIL 1998 5 Mr Bernard’s extreme dangerousness makes the following special measures essential: - he must be permanently banned from carrying weapons of any kind, including those whose sale is not controlled, - he must be placed on permanent probation after his release from prison, - imprisonment in an open prison is unthinkable, - inside prison he must be kept under special surveillance, in view of the likelihood that he will attempt to escape (high-security wing or similar). Mr Bernard is liable to a criminal penalty, which must be directly proportionate to his extreme dangerousness. Mr Bernard is not curable by criminal treatment (he is not in any case a suitable case for medical treatment). A number of sentences have not been sufficient to attenuate his delinquent behaviour. On the contrary, he adopts an omnipotent and defiant attitude which is reinforced still further by his imprisonment. His sthenia (aggressive attitude) is unbounded. He feels invincible. Treatment by means of a criminal penalty is only a social-protection measure aimed at preventing the certain repetition of serious offences. Mr Bernard can never be rehabilitated. His allegiance to the world of organised crime seems irreversible. No sentence can be heavy enough to break his spirit; he will always try to escape from prison or strengthen his links with other criminals there. He is certain to reoffend, as is proved by his criminal record.” This report was served on the applicant on 18 July 1989. He requested a third opinion, but on 25 July 1989 the investigating judge refused this request. 14. In the course of a separate investigation concerning an attempted escape the same judge ordered a psychiatric report and once again appointed Dr Dumoulin. After this report had been filed Mr Bernard requested a second opinion, but this request was refused by the investigating judge on 15 September 1989. The applicant appealed on 25 September 1989 but, in an order of 3 October 1989, the President of the Indictment Division of the Bourges Court of Appeal refused him leave to appeal to that Division. 15. The applicant was committed for trial before the Rhône Assize Court in a judgment delivered by the Indictment Division of the Lyons Court of Appeal on 11 October 1991. The Indictment Division observed that Mr Bernard had initially admitted his involvement in an armed robbery in which 430,350 French francs (FRF) had been stolen on 5 June 1987 from a branch of Crédit Agricole in Nevers. It further noted that the applicant had been picked out by witnesses from a five-man identity parade as the person who had stood guard at the door during the robbery. The Indictment Division also found that the investigation had yielded sufficient evidence tending to establish that the applicant had robbed a branch of Crédit