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France / Cour de Cassation, Assemblée Plénière / 589, 590, 591 and 592

Custodial measures against four foreign nationals

Deciding Body type:
National Court/Tribunal
Deciding Body:
Court of Cassation, Plenary Assembly
Type:
Decision
Decision date:
15/04/2011

Key facts of the case:

Four foreign nationals in an irregular situation were arrested and placed in custody, one for theft, three for violation of laws relating to foreign nationals. At the end of police custody, they were the object of removal orders and detention orders. The detainees challenged the legality of the process arguing that did not receive the assistance of a lawyer from the beginning of police custody, or during questioning.

Results (sanctions) and key consequences or implications of the case:

The Plenary Assembly decided that public prosecutors be immediately given specific instructions that the rules defined by Law No. 2011-392 of 14 April 2011, concerning notification of the right to silence and the right to see a lawyer in police custody, be applied with immediate effect. EU Charter of Fundamental Rights - Article: 48