placement in detention (APR), drawn up by the prefecture, are passed on to the services
involved, who give notification thereof to the persons concerned before taking them to the CRA.
When the person does not understand French, the interpreter who acted during the period of
police custody translates the terms of the order.
The inspectors were informed that at this juncture, the services involved also notify the
person concerned of their rights in detention245. In general, they are set out in the detention order
(APRF); notification of the placement measure therefore leads to notification of the associated
rights. On the other hand, the departments involved do not keep any notification registers.
Examination of official records of the end of police custody makes it possible to verify that the
persons concerned were notified of measures placing them in detention, but no information on
notification of rights, or on any translation by an interpreter, ever appears.
The persons are then taken directly to the detention centre. Depending on the CRA, they
may then be notified of their rights in detention once again.
In order to provide information to detainees, CRA registries have forms for the
notification of rights in several languages, which usually contain a standard phrase: “he (the
foreigner) acknowledges having been informed that he has the possibility of requesting the
assistance of an interpreter, a doctor and a lawyer, that he can communicate with his consulate or
with a person of his choice and that he has been informed of the rules and regulations of the
CRA”. This method of translation is used in the vast majority of cases in Metropolitan France.
When the foreigner does not know how to read, or if the CRA does not possess any
forms in the language that they understand, an interpreter has to be called upon, though this is
exceptional.
For example, during the inspection of the CRA of Palaiseau246, the inspectors were
informed that an interpreter had been called upon on one single occasion since the opening of
the centre in October 2005. In the latter case, the interpretation had been done by telephone, by
Inter service Migrants 247. Exceptionally, if the centre is located near to the police custody facility and
the interpreter is still there, they sometimes come to translate the act of notification of rights.
The opposite situation applies in French overseas departments: it was ascertained that an
interpreter systematically came to the centres of Rochambeau (French Guiana) and Morne
(Guadeloupe).
Finally, it became apparent to the Inspector to whom a case was referred by an
association, that in certain cases, in certain waiting areas, the police officers completed the forms
for the notification of rights beforehand, ticking the box “I want to leave as quickly as possible”
in particular.
Notification content and procedures
Notice is given of rights in detention and of the right to apply for asylum. Exceptionally,
the possibility of referring the case to court is recalled, as at the CRA of Geispolsheim 248 but
without the purpose and usefulness of such referrals being specified. Yet, defence rights for
detainees above all involve the possibility of applying to set aside the decisions that led to their
placement. These rights are distinct from the “rights in detention” whose notification is provided
245
Cf. article L.551-2 of the Code for Entry and Residence of Foreigners and Right of Asylum (CESEDA).
th
th
Inspection of 28 and 29 July 2009. Report available at www.cglpl.fr.
247 Inter Service Migrants (ISM) is a non-governmental organisation, created in 1970, whose purpose is to encourage
communication between migrants and the public services. It offers interpretation (in 102 languages and dialects),
translation and letter-writing services and legal information etc.
248
th
Inspection of 18 March 2009. Report available at www.cglpl.fr.
246
156
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