Identifier
Created
Classification
Origin
05PARIS2693
2005-04-21 09:57:00
UNCLASSIFIED
Embassy Paris
Cable title:
FRENCH MFA OFFICALS CLARIFY GOF INTERPRETATION OF
how-toThis record is a partial extract of the original cable. The full text of the original cable is not available.
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
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
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