by the police reports examined, does rest start whenever questioning by the OPJ (momentarily) comes to an end, wherever the latter may take place, but the stages of noting particulars (taking of fingerprints etc.), interviews with lawyers, medical examinations, eating of meals etc. also constitute periods of rest. This approach is contrary to the letter and the spirit of article 64 of the Code of Criminal Procedure. Contrary to the text, since article 64, which mentions the sections to be completed by the OPJ in the official record of police custody in order to trace the stages of police custody, in the first place, differentiates between questioning and rest, in its 2nd paragraph, while, in the second place, also draws a distinction, in its other paragraphs, between questioning and rest, on the one hand, and the other moments of police custody, on the other, in particular the notifications and requests under articles 63-2 et 63-3-1. Contrary to the spirit, since although the law mentions rest time, it does not do so in order to fill the latter with other activities which, were they to continue, would deprive the person of the moments to which they are entitled (one might think of the duration of travelling to and waiting at a hospital for a medical examination for example). Moreover, rest needs to be accompanied by the necessary practical arrangements for sleeping (this is the reason for which bed boards are installed in the secure rooms). Finally, and above all, persons should be able to take their rest alone, out of the presence of any soldier. In the opposite case – and without suspecting anybody whatsoever – it may be imagined that, even without questioning, but due to conversations, or noisy activities, persons could find themselves deprived of effective rest. Although it may therefore be admitted that, for the requirements of an investigation, a person in police custody may be kept in a vehicle or in a questioning room, these moments, as well as those used to fulfil the requirements of police custody, both in terms of duties (taking of particulars) and rights (doctor, lawyer), are not rest time. Only those moments may be regarded as rest time during which the persons is alone in the secure room or else taken out at their request (and by authorisation) or with their consent – for example in order to smoke or drink coffee in the morning. As far as the coldness of the cells in concerned, without taking away from the indisputable merit of the attention given by the soldiers to the state of the persons for whom they are responsible, it is more in accordance with current provisions to seek to improve the habitability of the secure rooms (by installing heating in them when necessary) than to cast doubt upon the reality of the rest to which every person in police custody is entitled. For this reason, it is requested, on the one hand, that the directives of the central administration abrogate any conflicting memorandum or circular; on the other hand that paragraph 2 of article 64 of the Code of Criminal Procedure be supplemented by the addition of the following note: “…and the rests that separated these questioning sessions, independently of the formalities required by the investigations and the exercise of their rights, the times at which they were able to eat…”. 2.2.2.3. – Release of Minors from Police Custody (Gendarmerie and Police) In both gendarmeries and police stations, it was noted that the release of minors from police custody could be problematic and called for clarification. Indeed, naturally no soldier or police officer would dream, when a period of police custody comes to an end, of showing the child the door of the police station without any other formality. In the same way, after having informed the State Prosecutor’s Office, OPJs have to 50