OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
video conference: the second additional protocol to the European
Convention on Mutual Assistance in Criminal Matters contemplates
the possibility of hearing a witness or an expert from one state to
another via this technical device. The European Court of Human
Rights for its part has countenanced the use if it where necessitated
by “legitimate aims under the Convention”, namely, prevention of
disorder, prevention of crime, protection of the right to life and liberty
and the safety of witnesses and victims, together with the “reasonable
time” requirement in judicial proceedings (ECHR, 5th January 2007,
Marcello Viola v. Italy, n°45106/04, §72).
4/ France makes use of video conferencing in a number of instances
that now concern, firstly, places of deprivation of liberty for foreigners,
secondly psychiatric hospitals, and finally criminal procedure, including
execution of sentences.
With regard to places of deprivation of liberty for foreigners, it is
prescribed that the intervention of the ordinary court, whether to
extend the stay in a holding area of a foreigner without the necessary
documents to enter France or to extend the administrative detention
of a person subject to an expulsion measure, may take the form of
exchanges by way of audiovisual telecommunications. Articles L. 2225 (as to the holding area) and L. 155-12 (as to administrative detention)
of the Code governing foreigners’ entry and residence and the right
of asylum make this process subject to threefold condition that there
be a request for that purpose by the administrative authority (the
prefect), that the foreigner, duly informed, has not objected to it, and
that transmission is confidential.
For care without consent involving hospitalisation, whose termination
or continuation is subject to examination by the judge supervising
releases and detention, the judge may hold court in a suitably
equipped room of the hospital or have the patient placed there and
communicate with him via audiovisual telecommunications. Article
L. 3211-12-2 of the Public Health Code makes their use subject to
two requirements: a medical opinion certifying that the procedure is
compatible with the person’s condition, and no objection on his part.
The same applies in the numerous eventualities of criminal procedure,
particularly (Articles 706-71, 712-6, 712-13 of the Code of Criminal
Procedure) to the examination or questioning of a person (chiefly one
held by an examining judge) or of several persons to compare their
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