such regular presence necessary, the hospitals of the towns in which detention facilities are
established need to provide the necessary health care. The necessary contacts need to be
established, in particular between prefectures and regional health agencies.
2.1.2.3 - Detention Centres for Illegal Immigrants
The majority of the reports sent by the Contrôle Général to the minister concerned in 2013 relate to
follow-up inspections. They are therefore concerned with whether or not progress has been
made and with assessment thereof: not on the basis of abstract imperatives; but rather on the
basis of specific comments made in the course of previous inspections. Generally speaking,
changes have been implemented in a positive manner. However, they do not make any
substantial difference to the actual situation. As emphasised below in section 3 of the report,
absence of change does not necessarily apply to costly improvements: this is characteristic of
situations which resemble administrative paralysis attributable to the absence of initiatives going
beyond the scope of the handling of immediate situations and lack of exchanges between the
various centres.
a/ Diversity
Indeed, the most surprising aspect is the great diversity of applicable rules.
Not about secondary questions – which would scarcely be of concern to the
inspectors - but with regard to matters involving foreigners’ rights, including
their fundamental rights.
The following elements have already been brought up in previous annual reports:
Access to associations providing support to foreigners in the exercise of their rights
(article L. 553-6) is often limited; while in other centres, it is unrestricted, that is to say that it is
not subject to the condition of agreement on the part of the officers and availability of one of the
latter in order to accompany the applicant to the office of the association. The latter solution, as
the Contrôle Général has already stated in writing, is more in accordance with the spirit of the texts.
Why does it remain an exception?
The regular presence of officers in the detention area (rooms, exercise area) is an essential
factor for successful maintenance of relative calm. Why, in large centres in the Parisian urban
area, do dealings between detainees and the administration take place exclusively through the
private company in charge of meals and solely via the intermediary of a speaking grille? The
history of these centres is nonetheless far from lacking in incidents, some of them serious.
Such presence on the part of officials, in places where it is organised, may or may not be
ensured by officers in possession of deadly weapons. Reflection on this point was requested from
the Ministry of the Interior in 2009 which responded (before Parliament) with an objection to
admissibility. The question needs to be asked once again.
b/ Practical questions
Although the building aspects of detention centres do not, in the majority of
cases, raise any major difficulties (between the two inspections of the CRA
of Saint-Exupéry, work was undertaken in order to limit the effects of
humidity and put an end to effects attributable to the presence of asbestos),
it is regrettable that in most centres, four persons to a room is the norm of
occupancy and that, in the most recent centres, the rooms no longer contain
bathroom facilities.
For all that, it is well known that in all places of deprivation of liberty collective showers are
places conducive to violence and threats: this element manifestly appeared less important than
possible damage. The assessment needs to be changed in this respect.
25
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