4. Autonomy for individuals held in detention centres for illegal
immigrants
Article L551-1 of the Code relating to the entry and stay of foreigners and the right to asylum
(CESEDA), sets out the provisions under which a foreign national may be subject to forced
deportation measures. This Article provides that "where they are not subject to a compulsory
residence order in application of Article L 561-2, foreigners not able to immediately leave French
territory may be placed in detention by the administrative authorities in places that are not prison
administration premises [...]".
The purpose of placement in these illegal immigrant detention centres (CRA) is to
organise the deportation of persons as quickly as possible whilst avoiding them being able to
escape from execution of enforcement measures.
Illegal immigrant detention centres were made legal by the Act of 29th October 1981
which sets out the provisions for the detention of illegal immigrants.
For a number of years, the number of places and the length of stay in CRAs have
increased. The total number of places was 1200 in 2005. A programme for the extension and
creation of new CRAs provided for 1800 places at the end of 2006 and 1817 places over 27
detention centres in 2013.
The maximum term over which a person may be detained was set originally at seven days.
This increased to 10 and then to 12 days between 1993 and 1998. The Act 26th November 2003
increased it to 32 days and then that of 16th June 2011 relating to immigration, integration and
nationality to 45 days, adding a new right to place in detention for a period that was not to exceed
six months for foreigners who, after a criminal sentence for an act of terrorism, are either
ordered not to remain in the country or are expelled
From being transit holding areas, they have become more permanent places of stay for a
large number of people 123. In this respect, foreigners accommodated their need to have a certain
amount of autonomy whether in relation to their daily life or to the exercise of their rights. The
architectural design of CRAs and their organisation do not however allow this (I) whilst a need
for autonomy is an integral part of being an individual human being (II)
4.1
The institutional approach: a detention organisation which does not
encourage the autonomy of the detainee.
4.1.1 An architectural design which puts security first.
The security dimension of detention centres is omnipresent. It is found in its many aspects in
similar forms to those which can be seen within prison institutions and therefore produce similar
effects: a decrease in the autonomy of those deprived of their liberty. The first CRAs have
moreover been set up in a secure environment within former barracks or police cells. The
dilapidated state and smallness of these places of detention do not allow sufficient space to
support individuals' autonomy. The decision to increase the number of places in 2006 has led to
the building of new centres meeting more demanding standards. These are currently provided for
under article R 553-3 of the CESEDA.
123
Almost half of removed persons are deported prior to the expiry of the 5-day period involving the liberty and
custody judge.
142
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