prison work escapes from ordinary employment law and a temporary social security
number is sufficient);
-
the conduct of formalities concerning foreigners’ residency rights is in most cases
restricted on numerous grounds: institutions lacking any “legal information and
advice access points” or ill-equipped due to lack of interpreters; difficulty of filing
asylum applications which may be subject to processing by means of “priority”
procedure, refusal of provisional grants of asylum on the part of prefectures, on the
grounds of serious threat to public order, and failure to implement the provisions of
the circular of 25th March 2013 12;
-
greater difficulty in obtaining reduced sentencing: the absence of a residence permit in
practice means that foreigners are deprived of the right to seek employment contracts
or training, or to claim social security benefits, and that they therefore cannot meet
the conditions enabling partial or conditional release placements; foreigners may apply
to serve their sentence in an institution of their country of origin, although this is only
possible where bilateral agreements exist authorising this type of transfer.
On the basis of these findings, the Contrôleur général des lieux de privation de liberté stressed the
need to consider special measures for foreign prisoners, in order to ensure implementation of the
principle of equality in prison.
The conclusions of this Opinion were mentioned in an interview of
2nd September 2014 between the Minister of the Interior and the Contrôleure
générale des lieux de privation de liberté. In particular, the Contrôleure Générale
stressed that prefectures that have not signed an agreement with the prison
services, as provided for by the circular of 25th March 2013 (cf. supra),
should take the necessary measures.
She recalled that, notwithstanding the signature and implementation of such agreements,
the definition of “danger of disturbance of public order” needs to be interpreted in accordance
with its letter and spirit, in order to ensure respect for foreign prisoners’ fundamental rights.
Indeed, prefectures often tend to interpret this definition in a very wide manner, therefore
refusing to issue or renew residence permits.
This Opinion, whose findings unfortunately remain entirely pertinent, has
not received any response nor been followed up by any concrete action to
date.
12
Circular of 25th March 2013 concerning procedures for initial issue and renewal of residence permits for persons of
foreign nationality deprived of liberty.
25
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