US embassy cable - 05PARIS2693

UNCLAS PARIS 002693 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: CASC, CJAN, FR 
SUBJECT: FRENCH MFA OFFICALS CLARIFY GOF INTERPRETATION OF 
VIENNA CONVENTION NOTIFICATION REQUIREMENTS? 
 
Refs: (A) PARIS 2448, (B) 01 STATE 10160, (C) 04 PARIS 5995 
 
1. Summary.  In an April 18 meeting with post regarding 
notification of detained AmCits, French MFA officials 
clarified their interpretation of the Vienna Convention term 
"without delay" in Article 36 as being a period up to ten 
days.  They remained ambiguous in their interpretation of 
the term "detention".  Post will continue to press the GOF 
to expand on its interpretation and reduce its lag in 
notification.  End Summary. 
 
2.  Conoff and SCS Assistant met with MFA officials to 
discuss the GOF's interpretation of the Vienna Convention on 
Consular Relations of 1963 (VCCR), focusing on consular 
notification and the GOF interpretation of the VCCR terms 
"without delay" and "detention."  During the meeting, we 
learned that: 
 
- Although there is a GOF procedure for consular 
notification that goes through the Ministry of Justice, the 
MFA officials were uncertain how and when foreign prisoners 
were informed of their right to consular notification and 
resolved to further investigate the matter and advise us of 
the results. 
 
- The Deputy Director for Conventions interprets "without 
delay" to be a lengthy period ranging from 48 hours up to 
ten days. 
 
- MFA officials are non-committal in their interpretation of 
"detention", implying they consider it to be imprisonment. 
The Director of French Prisoners Overseas did however opine 
that "Garde a Vue" (refs A and C) was essentially tantamount 
to detention. 
 
- The Deputy Director for Conventions wants to be informed 
of past cases where we received delayed notification, as 
well as all future instances. 
 
3. Post will take the following actions in response to this 
meeting: 
 
- In response to their request, we will provide the MFA with 
information of all instances of delayed notification dating 
back to 2000. 
 
- We will contact the MFA whenever we receive delayed 
notification or none at all. 
 
- We will continue to seek clarification on the official GOF 
interpretation of "detention" and "without delay". 
 
WOLFF