Granny With High Heel

A host and a publisher are in a boat ... : Cass. civ. First, 14 Jan 2010

The Constitutional Council, a priority issue of constitutionality, today issued an eagerly awaited decision. A victory for human rights in France!

The provisions of the Code of Criminal Procedure relating to police custody, subject to Council review constituionnel, do not allow the detainee to talk to a lawyer for over thirty minutes, it fails to assist in interrogations and did not access the file.

These provisions have (finally) been declared unconstitutional by the Constitutional Council. Excerpts follow:

. "27 Considering, however, first, that under sections 63 and 77 of the Code of Criminal Procedure, any person suspected of having committed a offense may be placed in custody by a police officer during a period of twenty-four hours regardless of the severity of the circumstances justifying such a measure as any custody may be extended to twenty-four hours without the option to be reserved for crimes with a certain gravity;

28. Whereas, on the other hand, that the combined provisions of Articles 62 and 63 of the Code allow the interrogation of a detainee; its Article 63-4 does not allow the person so examined, then it is held against his will, to receive effective assistance of counsel, that such restriction on the rights of the defense is generally imposed, regardless of the circumstances which might justify it, to collect or preserve evidence or protect the people; that, moreover, the detainee does not receive notification of his right to remain silent ;

(.. .)

29. Whereas, in these circumstances, Articles 62, 63, 63 1, 63-4, paragraphs 1 to 6, and 77 of the Code of Criminal Procedure do not establish appropriate safeguards to the use made of care view (...); thus, the balancing on one hand, the prevention of harm to public order and search for offenders and, secondly, the exercise of constitutionally guaranteed freedoms can not be regarded as balanced as a result, these provisions infringe Articles 9 and 16 of the Declaration of 1789 and should be declared unconstitutional.

(...)

RESOLVED:

Article 1 .- Sections 62, 63, 63-1 and 77 of the Code of Criminal Procedure and Paragraphs 1 to 6 of Article 63-4 are contrary to the Constitution. "

The decision of the Constitutional Council requires a comprehensive reform of the legal provisions relating to custody by 1 July 2011. In the meantime, we continue to play in the flowerpot Commissions!