Recommendations of 10th June 201019
concerning the Customs Service’s Brigades
for Interior Surveillance in Amiens and
Reims
The Brigades for Interior Surveillance in Amiens (Somme) and Reims
(Marne) of the General Directorate for Customs and Excise were
inspected by the controllers from the Contrôleur général des lieux de
privation de liberté (CGLPL) on 6th November 2008 and 9th December
2008, respectively.
The factual observations made during each visit were sent to the
Chiefs of these brigades on 19th December 2008 and 23rd December
2008, respectively. Responses were issued on 19th and 26th January
2009.
The complete inspection reports for each visit were sent for comment
to the Minister of the Budget, Public Accounts and Civil Service
on 27th February 2009 and 2nd March 2009. The Minister issued his
response on 1st July 2009.
Further to this procedure and in accordance with the law n°2007-1545
of 30th October 2007, the Contrôleur général makes the following
recommendations:
1/ The customs personnel encountered during these inspections
show true humanity in the execution of their tasks.
2/ The time at which the customs detention begins should be that
when the person has been effectively deprived of their total freedom
of movement and not when the prohibited merchandise was
discovered (caught in the act of committing an offence); a sometimes
long research period may separate the two moments. The Customs
Code – Article 323 – should thus be used to determine the periods of
detention as is done for an infraction of common law (Article 63 of the
Criminal Procedure Code).
3/ Body searches must not be performed systematically, but used
19
Published in the Journal Officiel de la République française of 2nd July 2010, text
n°80.
39
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