to family life, health etc. of the persons concerned. The draft bill on asylum reform could
serve as a vehicle for these additions.
It also recommends that, in application of these principles and by statutory reference, the
regulatory part of the CESEDA (chapter 1 of title 2 of book II) should be supplemented by
a group of provisions comparable (but not identical) to those appearing under articles
R. 553-1 et seq. of the same code, concerning norms of habitability.
- Period of Detention of Foreigners in Police Stations without controls
The law provides that the holding of foreigners refused admission to the
territory in waiting areas lasts for “the time strictly necessary for their
departure” or, in case of asylum applications, similarly for the time strictly
necessary, “for an examination” aimed at establishing whether or not their
application is manifestly unfounded.
Examination of asylum applications by an officer of the French Office for the Protection
of Refugees and Stateless Persons (OFPRA – Office français pour la protection des réfugiés et apatrides)
cannot be organised in an impromptu manner. In this case, in view of the time required, a
foreigner has every chance of rapidly leaving the police station in which they are held in the hours
following refusal of admission, and being taken to an accommodation area if such facilities are
available.
However, for foreigners who do not apply for asylum (the vast majority),
the procedure can vary dramatically in different cases, it being understood
that the law obliges them to return to their country of origin (usually by
plane).
In cases where the means of transport to be used by the foreigner in order to leave
France are unavailable for a considerable length of time (two days for example) the foreigner will
in all likelihood, as in the abovementioned case of asylum seekers, be taken from the police
station to the place providing them with “hotel-type services”. On the other hand, if a means of
transport are available within a short space of time (for example if the aeroplane which brought
them to France is set to return to its point of origin half an hour or so later, or after a stopover of
a few hours), they will remain in the station, in an area under lock and key, until their departure.
These different situations lead to unacceptable inequality of treatment.
Indeed, in the first case, foreigners taken to accommodation areas, however
uncomfortable, are not only seen by the police, but also come to the attention of third parties:
health personnel, associations (French Red Cross, authorised associations), representatives of the
UNHCR14, interpreters and lawyers. The possibility of exercising their acknowledged rights (for
example to use the telephone) can be verified. Absence thereof can therefore be challenged.
Furthermore, after four days in a waiting area, they are taken before a liberty and custody judge
for a ruling concerning extension of their stay in the waiting area (article L. 222-1 of the
CESEDA).
In the second case, the foreigner remains in the police station where they are unable to
have any contact with third parties. Admittedly, their rights (to request an interpreter or doctor
and to call for a lawyer or any person with whom they wish to speak) are applicable. But nobody
can say how these rights are brought to their attention. No more than anybody is aware of the
manner in which they are applied.
14
United Nations High Commissioner for Refugees.
21
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