It is regrettable that, in spite of the fact that the Act’s (inevitable) prescriptions were
known several months before its promulgation, it was not possible for police stations and
headquarters to be equipped with registers drawn up in accordance with a uniform model at the
time of its coming into force. Many of them therefore “improvised”, in most cases (but not
always) successfully, a register for keeping a record of the persons detained and the procedures
used. “Official” registers did not arrive until the summer months (and not everywhere).
In any case, the registers consulted are in general poorly kept, due to absence of the
recording of necessary information. These gaps are all the more regrettable insofar as the length
of detention is limited to sixteen hours as from the time when the foreigner is stopped for
questioning on the public highway; yet failure to note the latter time, as well as the time at which
the detention comes to an end, makes any control of compliance with the deadlines fixed by law
impossible. Yet, it indeed appears, in the course of inspections, that in a relatively large number
of scenarios the detentions last for twelve hours or more. Moreover, foreigners have rights, listed
in the law: the manner in which the persons concerned are informed of these rights, on the one
hand, and the manner in which the effectiveness thereof is ensured, on the other, is often equally
impossible to verify. A reminder of the requirements for proper keeping of the register is called
for.
Finally, it is provided that foreigners shall be detained in premises where they do not mix
with persons in police custody: either in separate premises, or in police custody cells that are not
occupied at the time of detention. From first findings it emerges that the overwhelming majority
of foreigners are placed in police custody cells without it being possible to determine (it was
impossible to interview any detained foreigners) whether they are indeed placed in different cells
from those occupied by persons in police custody. It is to be feared that, in the best of cases,
officers do as best they are able for better (or worse), i.e. depending on what is possible according
to availability of premises.
These observations will receive special attention from the Contrôle Général in the course of the
coming months.
2.1.2.2 - Detention Facilities for Illegal Immigrants
Although their number has fallen over several years, and those that exist are not necessarily
permanent, several disadvantages of the principles governing detention facilities for illegal
immigrants need to be pointed out.
Contrary to detention centres for illegal immigrants, detention facilities are not equipped
with rules and regulations. In the case of the former, article R. 553-4 of the CESEDA makes
provision for such regulations, in order to organise “daily life, under conditions in accordance
with the dignity and safety of their occupants”. For detention facilities, no such provisions exist.
This is all the more regrettable insofar as the Contrôle Général has ascertained that there is a great
risk of detention being treated as equivalent to police custody by many officers.
The list of practical items which detention facilities should possess, as given under article
R. 553-6 of the Code, is inadequate. In accordance with international recommendations, these
should include the possibility of access to the open air for every detained person at least once a
day. Moreover, the intended facilities a far from always being provided. In one facility on which a
report was sent to the minister in 2013, no room was provided to cater for any lawyers that may
arrive: interviews were provided for in the room; yet, since the latter was shared, it was thus very
difficult to ensure the confidentiality of exchanges.
Finally, article L. 6112-1 of the Public Health Code (Code de la santé publique), which makes
public hospitals responsible for provision of treatment to persons in detention, does not make
any distinction between detention facilities and detention centres: as a result, without making
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