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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