The right throughout the period of detention, to ask for the assistance of an interpreter
or a lawyer is actually notified, at least in a formal way; however the inspectors have noted the
right to contact a lawyer of their choice or the legal aid office is sometimes considerably reduced
or even impossible. In a detention centre in the Paris area, the telephone number provided to
detainees was the Administration Department of the local Bar Order and not the lawyer in the
legal aid office. When the inspectors dialled this number, the administration let them know that it
was not authorised to provide the contact numbers of a lawyer to individuals even though it
related to the legal aid office and whatever the situation (expiry of a time limit for appeal has been
mentioned). In that same institution, the list of the Bar lawyers was not posted.
As for the right to claim the assistance of a professional interpreter 125 it has appeared in
all of the institutions inspected very theoretical whether in relation to the various notifications or
the intervention of OFII agents or employees of legal assistance associations. If need be, the
latter use "networks" of staff and volunteers and even other detainees. Detainees do not directly
ask for interpreters, even at their own cost. No list is posted.
Autonomy can only be exercised where an individual is not given the opportunity of
speaking with their contacts. The CGLPL considers it essential that an interpreter is used
when a detainee cannot understand French. Moreover to ensure that this interpreter is
provided, use of a co-detainee should be avoided whenever possible. A professional
interpreter is always to be preferred. Failing this, members of an association or close
relations chosen by the detainee should be involved.
When it comes to preparing for their departure or their opposition to it, detainees are
strictly dependent on aid bodies present within the CRAs.
In practice, the OFII and approved associations offices are open during the
week but not over the weekend. Persons placed in a CRA on a Friday
evening, Saturday or Sunday are therefore particularly injured parties in that
they cannot benefit from access to the law.
The OFII can, in principle, come to the aid of detainees in contacting their family or
recovering baggage and money. In practice, the inspectors noted that the field of action by this
body is often limited. In one of the centres, it is possible for the OFII to travel over 50 km and to
receive more than €80 per task. Its activity actually consists basically in supplying tobacco and
newspapers to detainees.
The CGLPL notes that these restrictions are contrary to Article R. 553-13 of the CESEDA
which provides that the OFII is responsible for helping foreign nationals to prepare the
physical aspects of the departure in particular in relation to recovering the baggage of
detainees and carrying out administrative formalities.
No restriction in relation to access to the OFII or associations' offices is provided for by
internal regulations. However, the inspectors have found that these vary greatly from institution
to institution. In some centres, these bodies are freely accessible subject to opening times whereas
in others their access is subject to a police officer taking part under conditions which are not
clearly defined. According to information collected at the time of inspections, police officers
would not always be aware of the urgent nature of some procedures, which are bound up in very
125
This right is provided for by Article R. 553-11: "The administration is to make available an interpreter to foreign
nationals held in a centre or in a place of detention of illegal immigrants who cannot understand French solely in the
context of procedures for non-admission and deportation to which they are subject. In other cases, payment of service
providers is to be made by the foreign national..."
147
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