On the other hand, such an extension presupposes the inclusion of specific provisions in
the law (article L. 223-1 of the CESEDA) that persons checking the waiting area shall have
access to all points thereof and that the regulations (article R. 223-2 et seq.) be amended
accordingly. Although it is indeed provided, for example, that the representative of the
UNHCR has access to all asylum seekers, this in fact means that the latter is only able to
enter the accommodation area, since all asylum seekers are sent there. They cannot, for
example, verify whether foreigners who may have requested asylum are held in a police
station for immediate departure, without their application being processed.
Finally, due to the observed problems of operation, the Contrôle Général is led to recommend
that a separate official record be drawn up concerning the allowed time of one clear day,
and countersigned by the foreigner, or better still that a period of one clear day should be
applied de jure, except in case of express request to the contrary on the part of the foreigner
(article L. 213-2).
2.1.2 Detention of illegal immigrants, foreigners refused entry to the country and
asylum seekers due to be deported
Foreigners who have to leave the territory, by decision of an administrative authority or
court, can be put in a place for the detention of illegal immigrants, foreigners refused entry to the
country and asylum seekers when they cannot “leave French territory immediately” (article
L. 551-1 of the CESEDA), for a maximum period which the Act of 16th June 2011 brought up to
45 days17. This is the time considered necessary for practical organisation of the return journey
(plane tickets etc.); for obtaining the necessary documents from the country of destination in
order to enable admission thereto of the foreigner deported from French territory; and finally for
exhaustion of the available remedies before the administrative and ordinary courts. The place of
detention is a detention facility for illegal immigrants (in general set up in a police station), or else
a detention centre for illegal immigrants, specifically designed for the purpose, bringing a greater
number of individuals together, for longer periods.
2.1.2.1 Detention of Foreigners
The previous annual report18, examined the consequences inferred from
current European law (resulting from European Directive 2008/115/EC
referred to as the “return” Directive) by the French Court of Cassation, as a
result of which the placement in police custody of foreigners arrested for
questioning became impossible on the sole grounds that their papers for
entry and residence on French territory are not in order.
The Government and Parliament drew the conclusions thereof by adopting Act no. 20121560 of 31st December 2012, which enables police authorities to “detain” foreigners, for a
maximum period of sixteen hours, when it emerges, at the time of control operations, that they
cannot give any proof of their right to travel or stay in France (article L. 611-1 of the CESEDA).
Such detention should make it possible to determine whether or not the detained person’s papers
are “in order” with regard to the laws concerning entry to and residence in France.The inspections
of police stations conducted in 201319 have already provided some
information on the manner in which the first of these detentions were
implemented.
17
In its Report for 2012 (p. 12 et seq.), on the grounds set out at the time, the Contrôle Général requested that the
period should be brought back down to that which prevailed before the reform of 2011, i.e. thirty-two days.
18
Pages 16 et seq.
19
By way of exception to the matters examined in this report, the findings here set out concern inspections conducted
in 2013, without the corresponding reports necessarily having been sent to the ministers.
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