Rights which are often deferred when persons placed in police custody are under the influence of alcohol The inspectors have noted differences in practice with regard to the deferment of rights due to the person’s behaviour: certain OPJs rely on outward and manifest signs of inebriation, which they describe in their police reports, others measure the quantity of alcohol on arrival at the police station, but not always at the time when the person concerned is assumed to have regained their senses. It is rare to find formal instructions – memoranda issued internally or by the State Prosecutor’s Office – specifically fixing a level of alcohol above which notification of rights should be postponed and, correlatively, the level within which it should take place. Once the person concerned has been notified, they are placed in a cell without being allowed to keep the media used for this notification. Moreover, if they do not request to exercise their rights at the time of notification, they can only rely upon their memory, assuming that they have actually understood what was explained to them and that they are aware that they can exercise these rights at any time. 1.2.1.2 The deadlines and diversity of procedures for bringing persons to court do not enable detailed provision of information Although article 803-3 of the code of criminal procedure lists the rights of persons brought before courts, it does not oblige the officers in charge of their supervision to notify them thereof. Nevertheless, in courts that possess temporary cells, such as the Regional Court of Créteil for example, notification takes place: persons brought before the court are informed of their rights orally by one of the police officers in charge of surveillance of the cells, as well as in writing by means of a notification form that they are asked to sign. At the Paris Regional Court 243, this form exists in twelve languages. 242 In other scenarios where persons are brought before a court, in the absence of legal provisions as explained above, their acknowledged rights vary according to the court, although most courts proceed by analogy with the system provided for under article 803-3 of the code of criminal procedure, in particular with regard to the right to eat and be examined by a doctor in order to be in a state to take care of their defence. In certain law courts, not only have rules and regulations been worked out, but they are also brought to the attention of persons deprived of liberty. Thus, the inspectors ascertained that the “rules and regulations of the temporary detention cells of the Regional Court” were displayed in a locked, glass-fronted noticeboard at the entrance of the central passageway leading to the cells and visible from some of them. 1.2.1.3 Provision of information to foreigners placed in detention centres for illegal immigrants is limited to the handing over of documents Notification procedures and media When people are placed in detention centres for illegal immigrants (CRA) after being held in police custody244, orders imposing the obligation to leave French territory (OQTF) and 242 nd rd Inspection of 22 and 23 March 2011. Report available at www.cglpl.fr. Inspection from 21st to 23rd April and 5th May 2010. Report available at www.cglpl.fr. 244 th This has been unlawful since the decision of the first civil division of the Court of cassation of 5 July 2012, unless justified by breaches of the law concerning foreigners. 243 155

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