assuming that this is really the intended objective, to a very small number of foreigners actually
becoming eligible for deportation.
On the other hand, as already pointed out23, the disadvantages resulting from this
extension for foreigners who are not deported are considerable (loss of employment and
accommodation) and deeply destabilising, out of all proportion to the charges against them.
An even more critical view should be taken of prefectural services which,
even after having been finally informed that a foreigner cannot be deported
(usually due to a final refusal on the part of the destination country to issue
the necessary travel documents), refuse to lift detention measures until the
full period thereof (forty-five days) has expired.
One cannot content oneself with the fact that, in such scenarios, in accordance with the
instructions given by the Constitutional Council of France (no. 2003-484 DC of 20th November
2003, § 63 et seq.), remedies before a judge continue to be guaranteed. The vain maintenance of
this guarantee is the mark of total indifference towards the person’s interests, and above all a
flagrant violation of the law, which only provides for detention of foreigners “who cannot
immediately leave French territory”: when it emerges, in an indisputable manner, that the
foreigner “can no longer leave” the territory within a specific deadline, detention is no longer
possible. Since the latter is an exceptional measure, it is only acceptable in the limited cases
defined by law.
2.2
Police Custody Facilities
2.2.1 Police Facilities
The number of police custody facilities inspected by the Contrôle Général allows it to set out a
comparative analysis of police stations and headquarters, for which the reports were sent to the
Ministry of the Interior in 2013, rather than giving a reminder of its recommendations in a
descriptive manner.
A number of typical orders of magnitude have thus been distinguished for the institutions
inspected. These are far from reflecting the manner in which fundamental rights are respected in
the places inspected, in either quantitative or qualitative terms. They do not show data, which the
inspectors always collect, concerning calls for doctors and lawyers and, of course, requests by
persons in police custody to have close relations and employers informed of their situation, and
the time within which these calls and notifications are carried out. However, on the one hand, the
figures below shed light on the data concerning police custody in a certain number of very
different police districts and, on the other hand, on the manner in which placements in police
custody proceed.
2.2.1.1 Quantitative Data concerning Police Custody
For greater clearness, the data has been divided into two tables, concerning fifteen towns.
Amiens
2009
Rate of PI
29.6°/00
23 Ibid.
29
Angers
2009
23.2°/00
Chartres
2009
Chessy
2009
Douai
2009
20.2°/00
84°/00
11.2°/00
Metz
2010
21°/00
Montereau
2010
26°/00
Niort
2010
19.5°/°°
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