Best endeavours must be used to ensure that a detained person committed to a hospital unit
does not see his or her detention rights being curtailed. This requires, on the hand, ensuring
continuity regarding his or her administrative situation so as to avoid any interruption in care
(external relations, nominative accounts, sentence adjustments, etc.) and, on the other, hospital
units with the necessary logistics (exercise space, visiting rooms, activities, canteen, etc.).
4. The situation in detention facilities and centres for illegal
immigrants
Over 2016, the CGLPL's visits in facilities accommodating undocumented foreigners were mainly
carried out in two atypical situations: the detention facilities and centre and the holding area of
Mayotte on the one hand, and the measures taken by the Government to deal with the influx of
migrants in Paris and the Calais region on the other.
4.1
In Mayotte – a territory under strong migratory pressures – there is a
temptation to restrict migrants' rights.
Mayotte is subject to strong migratory pressures, mainly from the Comoros and, to a much lesser
extent, Madagascar. These flows are difficult to manage amid insufficient services and
infrastructure, not least in terms of transport and health, as well as the recent development of a
sense of insecurity that has gained media traction.
The activity of the detention centre for illegal immigrants is marked by the sheer scale of
these flows, since more than 18,000 people have been removed each year – including some 25% of
minors – with passengers of boats intercepted out at sea forming half this figure. Their average
length of stay in the centre is 17 hours. The centre must therefore organise removals in an almost
industrial fashion, carrying them out in spite of no few linguistic difficulties. The accommodation
conditions are acceptable and the procedures generally conducted correctly under the supervision
of management staff who mostly show an attentive and respectful attitude towards the people
concerned.
In the event of a surge in migrants arriving, outstripping the detention centre's capacities, it
is assisted by three newly opened administrative detention facilities. Two of these offer up
particularly precarious accommodation conditions, with one being no more than a fenced holding
area in portside installations. The wide range of different authorities managing and using suc h
facilities undermines the consistency of the procedures implemented and respect of the rights of
the persons detained within.
The main difficulties concern the situation of minors and their entrusting to
an adult – even when there is no legally established connection. In a context
where relationships do not have the same significance as in mainland France
and administrative documents are not always reliable – or available even, the
situation is extremely complicated to manage. In practice, even if the law
provides for referral to the Social Care Services for Children scheme (ASE),
the most commonly adopted measure entails dispatching the children placed
in detention back to their presumed homeland on the grounds that the poverty
over there is preferable to the risk of not being properly cared for by one of
the few foster families in Mayotte.
Even more worryingly, serious doubts remain over the legitimacy of the claims made
regarding the adult to whom children are entrusted for their removal. Whatever the ef forts
undertaken by the association in charge of assisting families, the swiftness with which returns are
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