3. Administrative detention 3.1 Number of persons implicated in offences by the immigration department and number of custody measures Source: Etat 4001, Ministry of the Interior. 140 000 120 000 100 000 80 000 accused police custody 60 000 40 000 20 000 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 0 Note: The implementation of Law 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. Comments: The CGLPL report for 2009 (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 a massive use of placing people in custody. This way of handling the problem was the basis, in 2007- 2008 for one placement in police custody out of seven. After the general decrease in police custody and then the application of Law dated 31 December 2012, following the Order by the Court of Cassation dated 5 June 2012, 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 January 2014). In 2014, the police custody measures represented on this graph and indicated in table 1.3 (8,187 out of 22,829 accused) are related to other violations relating to foreign nationals' immigration regulations. This rate of custody is close to that observed for all persons accused. 130

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