This should change with the end of the custody of undocumented

Undocumented expect July 3, 2002 in the corridors of the Court of First Instance of Lyon.

This is a first in France to a questioning of the foreign custody solely because they are undocumented. In an opinion issued Tuesday, June 5, the Supreme Court believes that the offense of illegal residents is not enough of an investment in custody under deportation proceedings. The final decision of the Civil Division of the High Court is still awaited. If she endorses this view, what change he score in the jungle law of illegal immigrants?

Before 2008

The France detains undocumented immigrants since 1938, says an article in the World, and the law provides for a year in prison and 3,750 euro fine for illegal residents. Hence the possibility of placing in custody, the procedure may involve a person suspected of an offense punishable by a prison sentence.

In the EU, the "Return Directive"

In 2008, the Court of Justice of the European Union (CJEU) in contradiction with the national jurisdiction: it is estimated that illegal stay of a foreigner does not justify imprisonment. This is the "Return Directive", a sign that "limit the criminalization of undocumented immigrants," said David Rohi, head of the National Commission of Cimade distance (inter-Committee to movements of evacuees).

This indeed fixed the various stages of the return process illegal aliens: a priority, the voluntary departure of the person arrested within 7 to 30 days if he does not take place, the forced removal "using the least coercive measures possible", and finally, if this distance is "compromised by the behavior of the person," retention - "the shortest possible" up to 18 months, and separately from ordinary prisoners .

In 2011, the ECJ sends a wakeup call (PDF) with the El Dridi stop - the name of an Algerian sentenced to one year in prison in Italy because it had not complied with an order to leave the territory . Even so, she says, imprisonment "is likely to jeopardize the achievement of the objective of establishing an effective policy of expulsion and repatriation in respect of fundamental rights."

In France, the legal uncertainty

In France, however, the legal uncertainty continues and despite the 2008 directive and the stop of 2011, custody of illegal aliens too. Because "the previous government has interpreted the law to his advantage, saying that custody was still justified if other non-coercive measures had been attempted before," said David Rohi.

So, the practice remains heavily used: irregular residence is even one of the primary reasons for custody, with 60,000 people affected in 2010, including 100,000 foreigners who have been the subject of proceedings for this offense.

60,000 in custody, therefore, only 200 sentences to imprisonment. For David Rohi, beyond criticism "too brutally coercive" practice, these figures show a misuse of the Criminal Procedure custody in administrative proceedings: "The police and prosecutors are well aware that more than 95 % of cases, it is not a prison sentence but a deportation, administrative. In fact, they make use of these comfort custody, convenient to have time to make a decision. "

After June 5, 2012

According to David Rohi, the opinion of the Court of Cassation had at least one fact in a court of Toulouse. A judge of freedoms and detention, which are all validated custody for months, has canceled a Wednesday.

Instead, the police may use other procedures: the open hearing on the premises of the police, at the whim of the controlled person, and most importantly, the ability to keep a person available for four hours verify his identity. Less repressive measures to "people who do not see themselves as criminals and are often shocked by the police custody," said David Rohi.

Custody is itself limited to cases where a person is suspected of "committing or attempting to commit a crime or an offense punishable by imprisonment." This could, according Maugendre Stéphane, President of Gisti (Information and Support Group for Immigrant Workers), cause "adverse effects" of investments for ancillary more or less based crimes such qu'outrage forces of order, or illegal occupation of a place in the case of an inquiry into a squat.

Finally, this brake for detention of undocumented could affect, albeit the number of custody itself, which exploded in the years 2006-2008, but also, to a lesser extent, on the number evictions. And this is not a bad judge David Rohi: "After a policy of mass expulsions, which involved 62,000 people in 2010 and was often to throw dust in the eyes, in the case of Roma by example can easily return to the country, the new government is urged not to pursue a policy number. "

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