USE OF VIDEO CONFERENCING (OPINION) testimony, for the hearing prior to the remand in custody of a person already held in connection with another case, for the extension of remand, for a person’s examination before the police court or magistrate’s court when already held in connection with another case, for adversarial hearings conducted by the judge supervising the application of sentences and the court for application of sentences, and appeals brought before the bench for the enforcement of sentences. In contrast to the foregoing cases, the choice of video conferencing scarcely carries conditions. The Code provides that it may be made “where justified by the needs of the inquiry and the preparatory proceedings”, which is tantamount to giving the investigator or the judicial authority wide discretion. However, the text says nothing about the conditions which might apply to the other uses which it permits. The only protection which it contemplates is to guarantee the confidentiality of the exchange between the person and his lawyer, if any and if at a distance. Two points should be added. A provision of the Judiciary Code allows the presiding judge of any trial court, in all other cases than those specified above, to order that the hearing be held concurrently in several rooms linked by audiovisual telecommunications. No other conditions are laid down but the agreement of all parties to do so and the presence of the public in all court rooms thus opened. Video conferencing is employed for asylum requests made by foreigners subject to a measure of administrative detention. The asylum request procedure in fact provides that the applicant is heard by the French Office for the protection of refugees and stateless persons (OFPRA), except in specific cases (Article L. 723-3 of the Code governing foreigners’ entry and residence and the right of asylum). A foreigner not corresponding to any of these specific cases must be heard. Video conferencing is used for this purpose where the detention centre is equipped with it, moreover without any statute circumscribing this practice to date. 5/ Several circumstances suggest that video conferencing may develop very significantly in the future. In the first place, various ministerial instructions have recommended its development, relying essentially on the expediency of avoiding “extractions” (displacements) of persons deprived of liberty. 107

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