3. Administrative detention
3.1
Number of persons implicated in offences by the immigration department
and number of custody measures
Source: État 4001, Ministry of the Interior.
Note: The implementation of Act no. 2012-1560 dated 31 December 2012 relating to the
detention for verification of the rights of residence was anticipated in 2012 with a sharp decrease in
the number of persons accused and custody measures. In 2013 and 2014, these can no longer simply
concern illegal immigration.
Comment: The CGLPL report for 2009 (pp 263-267) described how the treatment of illegal
immigrants was derived by stages from the criminal process. At first, the criminal process remained
limited to the policing level with massive use of placing people in custody. In 2007- 2008, this way of
handling the problem was the basis for one out of seven placements in police custody. After the
general decrease in police custody and then the application of the Act of 31 December 2012,
following the Court of Cassation Order of 5 June, deeming that simple illegal immigration could not
justify placing a person in custody, the restriction of liberty took the form of detention for
administrative verifications (approximately 30,000 in 2013 according to a communiqué from the
Minister of the Interior dated 31/01/2014). In 2015, police custody measures represented on this
graph and indicated in Table 1.3 (7,262 out of 17,008 accused) are related to other violations of
foreign nationals' immigration regulations. This rate of custody is close to that observed for all
persons accused.
161
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