3. Administrative detention 3.1 Number of persons implicated in offences by the immigration department and number of custody measures Source: Etat 4001, Ministry of the Interior. persons implicated police custody Note: The implementation of Act no. 2012-1560 dated 31 December 2012 relating to the detention for verification of the rights of residence was anticipated in 2012 with a sharp decrease in the number of persons accused and custody measures. In 2013 and 2014, these can no longer simply concern illegal immigration. Comment: The CGLPL report for 2009 (pp 263-267) described how the treatment of illegal immigrants was derived by stages from the criminal process. At first, the criminal process remained limited to the policing level with a massive use of placing people in custody. This way of handling the problem was the basis, in 2007- 2008, for one placement in police custody out of seven. After the general decrease in police custody and then the application of the Act dated 31 December 2012, following the Order by the Court of Cassation dated 5 June, deeming that simple illegal immigration could not justify placing a person in custody, the restriction of liberty took the form of detention for administrative verifications (approximately 30,000 in 2013 according to a communiqué from the Minister of the Interior dated 31/01/2014). In 2015, the police custody measures represented on this graph and indicated in Table 1.3 (7,262 out of 17,008 accused) are related to other violations relating to foreign nationals' immigration regulations. This rate of custody is close to that observed for all persons accused. 142

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