Yet, although such norms exist for detention centres (the value of which will be seen
below), none are applicable to waiting areas, as though the fate of newly arriving foreigners was
even less worthy of interest than that of foreigners deported from France.
The current Act and regulations provide a certain number of elements in this respect.
Article L. 221-2 of the CESEDA provides that waiting areas may include13
“one or several accommodation premises” providing “hotel-type services”.
Moreover, it mentions that these premises shall include a “space” enabling
protection of the confidentiality of interviews between the person held and
their lawyer. Finally, pursuant to the same provision, waiting areas and
detention facilities shall be physically separate.
The requirements of current law as far as waiting area facilities are concerned go no
further. They are completely inadequate.
In the first place, with regard to the issues dealt with. What is a “hotel-type service”?
This should probably be understood to mean board and lodging, that is to say facilities for
sleeping and eating. However, the expression “type” leaves the nature of the services open to
varying interpretations. In fact, as far as accommodation is concerned, the Contrôle Général has, for
example, inspected waiting areas in which the sleeping arrangements consisted of nothing more
than the use of an air terminal waiting room, with rows of seats, large windows overlooking the
tarmac, no bathroom facilities either for adults or for children, and lacking any protection against
noise and light. The formulation of the law is therefore freely open to interpretation. On this
particular point it should have referred to regulations.
It is also regrettable that foreigners and their lawyers (even if the latter only
come infrequently) have nothing more than a “space” at their disposal. This
is less than in most police custody facilities, in which a room is at the
disposal of lawyers and their clients. The notion of space is extremely vague,
allowing full scope for all possible arrangements and disadvantages.
As well as with regard to the issues that they pass over in silence. For example, the
current law expressly mentions the case of lone minors (article L. 221-5). It does not make any
provision for the separation of these children from other persons held in waiting areas. It gives
no instructions concerning issues related to health, hygiene, movement and access to the open air
and food, not to mention any possible activities (there are none...).
Generally speaking, as far as deprivation of liberty is concerned, the French
legislature devotes attention to defining (in an abstract manner) the rights
attached to individuals. It too often neglects the matter of protection of
their dignity. Yet, apart from formal rights (telephoning a consul etc.),
international law, and the European Court of Human Rights in particular,
has long imposed upon the authorities an obligation to protect individuals’
lives and safeguard them from physical and moral harm. Current laws only
reflect this requirement in an imperfect manner.
Such is indeed the case with regard to waiting areas.
The Contrôle Général therefore recommends an amendment of the law (article L. 221-2) in
order to include a few essential general principles therein, corresponding to the
considerations mentioned above. For example, rather than a “space” for lawyers, it needs to
provide that the practical framework shall protect the secrecy and confidentiality attached to
the duties of counsels to foreigners held in detention. The same applies to the privacy, right
13
Our emphasis.
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