duties by lawyers, the OFII and legal aid associations in detention centres for illegal immigrants including during peaks in activity.
4.1.2 Right to privacy and family life, relations with the outside world
The CGLPL's recommendations concerned detained migrants being able to freely access their
belongings and procedural documents concerning them as well as opening up visits with no timelimits, particularly on Sundays and public holidays. It also recommended allowing access to the
telephone at any time, particularly for calling abroad, and setting up access, supervised where
necessary, to the Internet and email.
In the Ministry of the Interior's view, storing detained migrants' personal belongings in a
luggage room as provided for by the regulations and allowing prisoners to freely access their
belongings via a police officer is working out fine. The CGLPL's inspections do not corroborate this
positive response. For the staffing situation at detention centres for illegal immigrants does not always
enable a police officer to be present for satisfying prisoners' requests. It is still necessary, therefore, to
install cupboards that can be locked with a key. That said, the Ministry has pledged to "look into the
possibility of amending internal regulations with an article regulating the conditions for detainees
accessing their personal documents as well as procedural documents filed with the registry". It
nevertheless appears problematic that revision of these internal regulations "does not come solely
under the purview of the General Directorate of the French national police force". The CGLPL can
only urge the Ministry of the Interior to overcome the divisions in its own administration so as to
accomplish the necessary changes.
Take the necessary legal and physical measures for guaranteeing that detained migrants can freely
access their personal belongings and procedural documents concerning them at all times.
With regard to relations with the outside world, the Ministry draws attention to a circular that
sets a minimum time-limit of 30 minutes for visits with detained migrants and explains that these can
be extended whenever circumstances allow, but can also be cut short (to 20 minutes) at busy times.
Such restrictions, which are not grounded in consideration of detained migrants' rights but solely on
the authorities' capacities to handle the situation, should not persist. The prospect of an increase in
detention time should, on the contrary, push the Ministry to set up the means for more respectful
management of prisoners' rights. Consequently, the CGLPL asks that the necessary physical measures
be taken to remove the restrictions to detained migrants' visiting rights.
Take the necessary measures in terms of police numbers and facilities to ensure that there are no
restrictions on detained migrants' visiting rights.
The Ministry of the Interior points out that detained migrants may freely access the telephone
and use the chip of their own mobile phone in a device that is not equipped with a camera (which
may, where necessary, be supplied to them). However, Internet access remains impossible and should
remain so for security reasons that the Ministry does not specify. The CGLPL's inspections show that
mobile phone use can be fraught with difficulties: replacement devices are not always available, chips
do not always correspond, some detained migrants end up deliberately destroying the camera on their
smartphone just so they can keep it, etc.), when there is nothing to suggest that the risk associated
with cameras cannot be handled through simple information measures, in principle involving
confiscation only where a security rule is breached. Several mental health facilities, which had adopted
the same rule as the one applied in detention centres for illegal immigrants, changed their practice
along the lines of the CGLPL's recommendation and found that such a change removed a
complication and source of tension with no significant adverse effects. As for Internet access, the
generally alleged "security problems" should not suffice to justify an outright, systematic ban and even
less so the lack of any effort to find solutions to such problems.
63
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