conclusions of which include a series of recommendations (of between five and fifty in number, or even more in the case of large institutions), and a summary of the latter, intended more particularly to be read by Ministers and their Private Offices. The analyses which follow do not therefore concern the inspections carried out in 2013, but the observations contained in the reports sent between 1st January and 31st December 2013. They are set out according to the nature of the institution concerned. 2.1 Waiting Areas and Detention facilities for Illegal Immigrants 2.1.1 Refusal of Entry at Borders Foreigners who do not produce the necessary documents for admission to France (article L. 211-1 of the Code for Entry and Residence of Foreigners and Right of Asylum, hereafter referred to as the CESEDA) or who present a threat to public order (article L. 213-1 of the same Code) or who, under certain conditions, are subject to a measure of removal from the country (same provision) or, finally, who apply for asylum, can be maintained in a waiting area located in a station, port or airport at the French border, for a period which cannot exceed twenty days. The permanent or temporary waiting areas in which they are placed (article L. 221-2 second paragraph) are obviously open to inspection by the Contrôle Général des lieux de privation de liberté. While keeping to the fundamental issues, we intend to examine two factors concerning waiting areas which need to be criticised. - Absence of Norms with regard to practical living arrangements in waiting areas Practical living arrangements in waiting areas vary widely at best. Indeed, the number of persons “held” is of very different proportions according to the place in question. As is well-known, 90% of these persons are dealt with by the border police of Paris Roissy Charles-de-Gaulle Airport. In other airports (Nice, Bâle-Mulhouse, Cayenne etc.), and a fortiori in stations and ports, the number of persons held is small, or even very small. The resources made available for these foreigners therefore also vary. It may be considered that the slender numbers only call for slender means. From the practical point of view, there is a difference between waiting areas and detention centres for illegal immigrants. Whereas the latter are built under the sole responsibility of the State, on certain sites coming under public state property or over which the administration possesses prerogatives, in general waiting areas have to be established in premises which, not only come under the authority of third parties (concession-holding companies), but of third parties very little inclined to have elements as disturbing as foreigners in detention incorporated into the peaceful air travel landscape. Moreover, it is also to be deplored that negotiations with third parties are often left to decentralised State authorities, whose powers appear limited in relation to certain commercial corporations. For this two-fold reason, and also in order to protect the dignity of persons, who need to be accommodated – for almost three weeks if necessary – in decent conditions, it is important that minimal norms should apply to the habitability of waiting areas. conducted in 2010 and 2011 were only sent to the ministers in 2013 (cf. section Z, concerning the assessment of the work of the Contrôle Général). 19

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents