In Paris, inspectors attended the operation to evacuate the camps set up in the 18th and
19th arrondissements. No interim deprivation of liberty premises had been set up on this occasion.
No right of residence or identity checks had been carried out with the people concerned. No one
was brought in for questioning on these grounds either.
4.3
The steep increase in number of children placed in a detention centre for
illegal immigrants with their family is cause for concern.
The CGLPL questioned the Minister of the Interior about a fresh uptick in the number of
placements of families accompanied by minor children in detention centres for illegal immigrants
– particularly the ones in Metz-Queleu and Le Mesnil-Amelot. It also noted that, between 2014 and
2015, the number of minors placed in administrative detention with their parents rose from 45 to
105: an increase of more than 133%.
Insisting that these measures comply with French law, which is itself in keeping with the
European requirements which do not prohibit the accompaniment of a detained foreigner by his
or her minor children, but sets out specific conditions in such cases, the Minister of the Interior
indicated that the principle that his departments had adopted for organising the removal of families
was house arrest. He maintained that a family's placement in detention cannot be justified solely by
the lack of representation guarantees in the family's regard, and must meet four conditions: the
requirement for special detention grounds, in consideration of a breach of the house arrest
guidelines or proven neglect to execute the deportation measure; specific requirements for suitable
accommodation; the shortest possible length of time in placement; consideration of the minor's
best interests in all cases. Lastly, he pointed out that the State's departments are doing everything
possible to avoid detaining minors in detention places, all the while staying firmly on track where
the aim to deport undocumented foreigners is concerned – including when they make up a family.
The CGLPL duly notes this response, but asks that the Minister of Interior have the
situation of families placed in detention with minor children monitored on a systematic basis by its
inspection or supervisory departments, so as to ensure that this measure is not solely aimed at
meeting administrative organisation needs – i.e. at making it easier to execute deportation. It
reminded the Minister of the Interior that house arrest prior to execution of a deportation measure
must be seen as an alternative to placement in detention rather than an option for carrying out
more measures or facilitating their implementation.
The CGLPL is also concerned about the possibility – opened up by Decree
No. 2016-1457 of 28 October 2016 – of placing families with minor children
in specially equipped detention facilities for illegal immigrants (LRA).
It became apparent during the visits that the CGLPL conducted in such facilities that
precarious conditions persist within them which do not sufficiently guarantee access to rights (no
legal assistance is available in detention centres for illegal immigrants in particular) and which do
not accommodate people in a dignified manner. On the basis of these observations, in its 2015
report the CGLPL recommended that the situation in each LRA be audited and that those that
were not strictly necessary be shut down.
The CGLPL is thus greatly concerned that the manner in which families are accommodated
in such facilities leads to serious violations of their rights and distinct ambiguity as regards their
pathways and the procedures imposed upon them.
The CGLPL shall maintain a vigilant stance as regards all these issues, in liaison with the
network of associations.
30
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents