When they are notified, consular authorities can, insofar as necessary, provide proof of
identity of the person concerned. Such notification is formally given at the same time as that
issued to persons eligible to be informed of the measure as a whole. In practice, the majority of
OPJs declare that they have never had occasion to implement requests of this kind. Since certain
persons placed in police custody confided to the inspectors that they were never informed of this
possibility, it is permissible to think that they were formally notified of this right, amongst others,
in a manner such that they were not able to “understand”.
1.1.2.2 Compulsory notification of a close relation of persons placed in court cells
The law only provides for cases in which persons brought before the public prosecutor at
courts of first instance at the end of their police custody are detained in specially equipped
premises belonging to the court, referred to as the “dépôt” or “temporary jail”, for a maximum
period of twenty hours, since it is not necessarily possible for them to appear before the judge on
the same day 234.
Thus, article 803-3 of the code of criminal procedure lists the rights of persons placed in
temporary jails of courts of law, which include the right to inform one of the persons mentioned
under article 63-2 of the code of criminal procedure by telephone.
At the time of the inspection of the temporary jail of the court of first instance of Paris 235,
it was ascertained that close relations were very quickly informed, that is to say within less than
twenty minutes of the request at the most.
1.1.2.3 In other places, notification of third parties is based upon the initiative of staff or even upon that of
persons deprived of liberty themselves.
Notification of the families of imprisoned persons
In accordance with article D.284, paragraph 2, of the code of criminal procedure, every
prisoner should be enabled to inform their family of their imprisonment immediately.
In most prisons inspected, one or two sheets of blank paper, a pre -stamped envelope and
a ball-point pen are handed over to prisoners on their arrival, enabling them to quickly send a
first letter. Moreover, in general they are offered a free telephone call of around five minutes, to
be made within the first twenty-four hours of imprisonment. Beyond this deadline, prisoners
have to apply for the registration of authorised phone numbers on their telephone account under
the usual conditions. It was ascertained that new arrivals were in most cases accompanied to the
telephone, in order to explain its operation to them.
When prisoners are under eighteen years of age, the head of the institution informs their
family as well as the judicial youth protection service of their imprisonment, even in the absence
of initiative on the part of the person concerned 236.
Notification of the parents of minors placed in young offenders’ institutions
Notification of measures of placement in young offenders institutions (CEF) is issued to
minors and to their parents by the judge or court237; notice is given of judicial supervision and
234 On the other hand, no legal provisions exist for cases where persons are brought before courts under other
circumstances and detained in the jails in a more exceptional manner.
st
rd
th
235 Inspection from 21 to 23 April and 5 May 2010. Report available at www.cglpl.fr
236 Cf. the aforementioned article D.284 of the Code of criminal procedure.
nd
237 Cf. articles 5 and 10 of statutory instrument no. 45-174 of 2 February 1945 concerning juvenile delinquency.
151
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents