In most centres, measures are subject to entry in the detention register in
accordance with the instructions given by the Minister for Immigration,
Integration, National Identity and Development Solidarity in the circular of
14th June 2010, which followed-up numerous recommendations made in
inspection reports issued by the Contrôleur général.
On the other hand, contrary to the instructions contained in this circular, the reasons for
placing persons in solitary confinement are not always given. The State Prosecutor’s Office is
only informed of these measures when they have lasted for a sufficiently long time, without this
period of time being subject to a more precise definition.
Placements in solitary confinement may also be entered in the daybook kept by staff
working in CRAs, but notes of this kind are often difficult to find. Sometimes, such registers do
not exist and the IT daybook serves as the only substitute for entries in a detention register.
These difficulties of traceability render assessment of the lengths of time for which
detainees are placed in solitary confinement a complex task. The information given is often
purely declaratory, mentioning a time of between two and three hours. However, periods of up to
seven days have been ascertained.
It is rare to find CRAs in which a specific procedure exists, fixed by a memorandum and
recalling the exceptional character of physical exclusion, which has to be justified by disturbance
of public order or threat to the safety of other detained foreigners.
There are different reasons for placement in exclusion: insults and threats, involvement in
fights between detainees, feigned sickness etc. In certain CRAs inspected it was also noted that
exclusion may be used as a way of dealing with concerns related to health: when detainees show
behavioural disorders, when they have attempted suicide, for example. Indeed, behavioural
disorders and disturbance of public order are the two reasons most frequently cited in order to
justify physical exclusion.
Although the ministerial circular of 14th June 2010 specifies that “this
procedure [of placement in solitary confinement or exclusion] should not
have any disciplinary character and should in no way worsen the conditions
of detention of illegal immigrants”, it is reported that throughout the whole
period of such confinement, meals are not eaten in common with others,
visits are suspended and mobile telephones are, if necessary, confiscated.
Nevertheless, in one centre an internal memorandum indicates that: “use of means of
physical restraint during exclusion shall be strictly limited in time, in the presence of a very
agitated detainee and pending a different method of dealing with them (medical for example)”.
According to the minister in charge of immigration, the legal basis of placement in
exclusion is drawn from article 17 of the standard regulation worked out in application of article
R.553-4 of the Code for Entry and Residence of Foreigners and Right of Asylum. This article
only resolves the question of the legal basis of standard regulations and not that of thei r content.
It therefore leaves the question of the disciplinary regime to be put in place unresolved. Provision
needs to be made for the latter in the Code for Entry and Residence of Foreigners and Right of
Asylum, as the Contrôleur général has been requesting for several years.
It is on this tenuous basis that the rules and regulations of detention centres, which
include provisions concerning security and discipline, are approved by prefects.
Like all directors of institutions, heads of CRAs have police powers. In this capacity, they
may carry out any police measures or have such measures carried out, in order to maintain or reestablish internal order. However, these measures can only be implemented under the control of
a judge.
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