In certain centres, provision is made for foreigners to be issued with the version of the
rules written in the language that they speak. In the CRA of Rochambeau it was ascertained that
this copy of the rules was not directly handed over to the person concerned, but placed with their
stored property after their completion of the registry formalities, and therefore without their
knowledge. In another CRA, the extract from the register indicated that a copy was handed over
to detainees. However, according to the facts ascertained this was never actually the case, since
this measure “would be too costly”.
More explicit documents are sometimes provided for and placed at detainees’ disposal: in
certain detention facilities a form is handed over to the persons concerned setting out the
administrative remedies – both applications to the same administrative authority to reconsider its
decision and applications to higher administrative authorities to review the decisions of lower
administrative authorities – and judicial remedies available, including deadlines and corresponding
postal addresses; in the CRAs of Lille Lesquin251 and Plaisir252, a memorandum detailing the
various remedies is displayed. Moreover, a legal aid association (France terre d’asile) has elaborated
an information guide, translated into eight languages, reminding detainees of the rights open to
them with regard to administrative and judicial remedies and the lodging of asylum applications.
Thus, at the time of their arrival in detention, foreigners are at best informed of their
rights in the CRA and of the right to apply for asylum. The right to refer cases to court is rarely
mentioned. Admittedly, the right to appeal against placement in detention and removal from the
country appears in the decisions themselves, and the presence of a legal aid association is
mentioned in prefectural orders, but it is exceptional for persons who do not read French to be
notified of these rights in any other manner. Moreover, detention centres rarely retain these
documents. Translation by telephone deprives foreigners of explanations, for which they would
be able to ask interpreters who were actually present.
In conclusion, it appears that when captivity results from fast procedures,
the persons concerned are very rapidly notified of their rights. These rights
are rarely explained. When, on top of this, the notification is issued to them
without their being able to keep any material medium containing the
information, it is difficult for them to subsequently assess the significance
thereof.
1.2.2 Personalised notification as a part of new arrivals procedures
1.2.2.1 Provision of information to prisoners as part of new arrivals procedures is supplemented by a legal
information and advice protocol
Prisoners are led to exercise defence rights involving the various decisions that punctuate their
time in prison.
Formalised notification of prisoners on their arrival
Most penal institutions have a wing devoted to new arrivals, of which some are officially
certified253. The latter have the benefit of a formalised new arrivals procedure, providing in
251
nd
rd
Inspection of 2 and 3 June 2009. Report available at www.cglpl.fr.
Inspection of 24th and 25th September 2008. Report available at www.cglpl.fr.
253 The official label, issued by AFNOR Certification or Bureau VERITAS, constitutes a guarantee of strict
compliance with around thirty European prison rules, which are decisive for prisoners and stated in the frame of
reference “reception of newly arriving prisoners” part.
252
158
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