une nouvelle politique de prévention de la récidive (For a new reoffending prevention policy), which was
submitted to the Prime Minister on 20 February 2013 and probes the utility of prison and the
application of sentences, the report En finir avec la surpopulation carcérale (Calling time on prison
overcrowding), submitted to Parliament by Mr Urvoas, Minister of Justice, on 20 September 2016 and
the White Paper on the Prison Estate submitted to the aforementioned Minister of Justice by Jean-René
Lecerf on 4 April 2017.
These studies, which all envisage prison through a political lens and assess it in
light of general objectives, are corroborated by the analyses on the ground that
the CGLPL has been carrying out these past ten years. With the exception of
those that have only opened very recently, all institutions have been subject to
visits that led to a detailed report.
There are no grounds, therefore, for putting off decisions until tomorrow on the pretext that
an assessment is necessary. Few French institutions are as well known as prison, and none give rise to
such a consensus on its state and its failings. There is nothing consequently preventing the necessary
decisions from being taken today, and these cannot, the evidence is clear, amount simply to a blind
pursuit of prison estate policy. As the Chief Inspector underscored at the aforementioned symposium:
"there is no excuse for procrastination".
3. Immigration detention and waiting areas in 2017
Foreign nationals may be deprived of their liberty under three circumstances:
Immigration detention is an option for holding in an enclosed area a foreign national with
respect to whom a deportation decision has been made, pending his or her forced return. Detention is
decided by the administration, and can be extended by the magistrate, where the foreign national's
immediate departure from France is impossible. Detention is implemented either in a detention centre
for illegal immigrants (CRA), under police custody, or, for up to 48 hours, in a detention centre
normally located inside a police station. Migrants placed in administrative detention must be notified
of their situation and their rights; they may be assisted by a lawyer, see a doctor, communicate with
the outside, receive assistance from the French Office for Immigration and Integration (OFII) and be
advised by an association. Such detention may not last for more than 45 days, and comes under the
scrutiny of the liberty and custody judge after 48 hours has passed. Some detention centres may
accommodate families with children, but no unaccompanied minors may be placed within them.
Placement in a waiting area concerns so-called "non-admitted" foreign nationals who have
been denied entry into France, are passing through and regarding whom boarding to the country of
final destination has been denied, or who the authorities of that country have deported to France, as
well as asylum seekers at the border. Waiting areas are designated areas located inside airports, ports
or train stations open to international traffic. People placed within such areas are notified at the
earliest possible opportunity of their situation and rights; they may request the assistance of an
interpreter or doctor, talk with a lawyer or any other person of their choice. They may leave the
waiting area at any time for any destination located outside France. Holding within a waiting area is
limited to 26 days maximum. Waiting areas may accommodate unaccompanied foreign minors who
benefit from the assistance of an ad hoc administrator appointed by the Public Prosecutor.
Forced removals involve implementing a deportation decision by coercion, and they include
the following categories, with a view to deporting nationals of third countries outside the European
Union, triggering the readmission of third-country nationals towards the European Union or of
sending European Union nationals back to their country. This measure is implemented by the
national police using public transport (airline or shipping company) or dedicated transport options
(aircraft or road transport) chartered or belonging to the State. These are implementing measures
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