- The CGLPL was informed of the implementation of the collective transfers of
persons taken in for questioning in Calais to CRA of the national territory, from 21 October
2015. During the visit of the CRA of Coquelles in July 2015, the inspectors had already observed
that, since early June, ninety-one people had been transferred to other CRA in the territory of
France, less than 48 hours after they arrived at the CRA of Coquelles or even a few hours after
they were taken in for questioning (without being placed in the CRA of Coquelles), even though
the occupancy rate of the CRA of Coquelles did not justify this. Being attentive to the fundamental
rights of the thus transferred persons and especially to their right to legal advice (the period to
contest the obligation to leave French territory is 48 hours, and the period to request for asylum is
five days), the CGLPL sent the Minister of the Interior a letter dated 6 August 2015. This letter
was not replied to and a few weeks later, a significant increase was noted in the number of people
transferred daily from the police station or CRA of Coquelles towards other CRA of the territory:
from two or three groups of five people transferred daily with a Beechcraft aircraft before 21
October, this number increased to two groups of twenty-five, i.e. fifty people were being
transferred everyday to the CRA of Rouen, Metz, Marseille, Toulouse-Cornebarrieu, Nîmes, ParisVincennes or Mesnil-Amelot, using coaches or DASH 8 aircraft of the French civil security.
Reports were sent on “transferred” persons. Deeming that the violations of fundamental rights
observed during the visit of the CRA of Coquelles in July 2015 could be worsened due to the
massive nature of the measure implemented on 21 October 2015, the CGLPL delegated four
inspectors and one trainee, pursuant to Article 6-1 of the amended Law dated 30 October 2007, to
monitor the people subject to this transfer measure, from the time when they were taken in for
questioning until their arrival at the destination CRA, in this case the CRA of Nîmes, on 26 and 27
October 2015. Two other inspectors visited the CRA of Vincennes on 3 November 2015 to
monitor the arrival of a new group of people from Calais. Finally, the Contrôleur général as well as
two inspectors once again visited the police station of Coquelles on the night of 9-10 November
2015. The severity of the violations of fundamental rights that were observed led the Contrôleur
général to send emergency recommendations to the Minister of the Interior dated 13 November29.
2.2.4
Results of the verifications at the closing of the case-file
The Contrôleur général wished to know the results of the verifications conducted with the
authorities as part of an inquiry case-file. From early 2015, a few indicators were set up to allow
characterising the possible existence of a violation of a fundamental right, to know the result of the
inquiry on the person deprived of liberty and to identify the actions taken in consequence by the
Contrôleur général with respect to the authorities to whom the case was referred to.
The following data showed that violations occurred (even partially) in 52.68% of the inquiry
case-files.
In 52.68% of the case-files, the problem had been resolved: either for the person, or for
the future, or partially.
Finally, as regards the actions taken, the Contrôleur général sent recommendations to the
authorities concerned in 12.75% of cases. Corrective measures resulting from the inquiry addressed
by the CGLPL to the authorities concerned were taken in close to 10% of the cases. No special
follow-up was given by the Contrôleur général in 54.19% of the inquiry case-files, either because
no violation of a fundamental right was proven, or because the person deprived of liberty was
transferred or released, or due to a lack of information justifying the issue of recommendations or
a call for vigilance.
29
Refer to chapter 2 of this report. Publications of the year - emergency recommendations dated 13 November 2015
pertaining to the collective transportation of foreign nationals who were taken in for questioning in Calais.
97
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