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.
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