28 March 2012
Support our work: become a Friend of Statewatch from as little as £1/€1 per month.
France:
MEP denied access to migrant detention centre
On 11 January 2008, Green MEP Hèléne Flautre was
denied access to a detention centre for migrants in Lesquin,
by the local police chief's office (préfecture), which
argued that "there was no reason to authorise the visit".
This occurred in advance of a joint press conference by the Collectif
contre l'immigration jetable (Collective against disposable immigration)
and the Réseau éducation sans frontières
(Education without borders network) to oppose the EU Directive
on Returns, which would increase the maximum period during which
migrants can be detained in France pending expulsion from 32
days to 18 months, and to reject "the imprisonment of undocumented
foreigners". The vote in the European Parliament on this
Directive has been postponed from January to May 2008.
Flautre complained about the different treatment reserved to national and European MPs, adding that "either the préfet does not know the law that envisages that any MP is allowed to visit a place of detention when he wishes to do so, or Sarkozy's visit has caused him to lose his head and he has abused of his power". The reply from the préfecture claimed that while MPs and senators are allowed to visit these establishments at any time, this does not apply to MEPs, unless they are members of the human rights committee and an investigation is underway. Thus, in spite of Flautre being the head of the EP's sub-committee on human rights there was "no mission underway" and there was consequently "no reason to authorise the visit".
In a letter to the French
justice minister, Rachida Dati, Flautre claimed that this constitutes
a "serious attack to our rights as MEPs", referring
back to a decision from July 2003 that had clarified that the
right established in the "Code of penal procedure"
for MPs and senators to visit places of detention (in police
stations, detention centres, waiting zones and prisons) also
applied to MEPs, in response to a request by the President of
the EP. Reminding the minister that MEPs will soon be called
upon to vote on a "crucial Directive on the return of migrants
in an irregular situation containing an important section* about
their detention" and that co-decision procedure will be
extended to the entire field of justice and home affairs from
January 2009, "it is indispensable for us to be able to
carry out such visits without any obstacles".
Calling on Dati to comply with the commitment made by the French
state, Flautre asks for MEPs' rights to conduct visits to places
of detention to be included in texts concerning regulations and
for instructions to be issued to relevant services to guarantee
the exercise of this right. She adds that, whereas French MEPs
enjoy the right to visit places of detention in some other EU
Member States, it is "incomprehensible" and "regrettable"
that they cannot do so in the country in which they were elected.
Nord Eclair 12.1.2008; letter from Hèléne
Flautre to Justice Minister Rachida Dati, 16.1.2008.
Spotted an error? If you've spotted a problem with this page, just click once to let us know.
Statewatch does not have a corporate view, nor does it seek to create one, the views expressed are those of the author. Statewatch is not responsible for the content of external websites and inclusion of a link does not constitute an endorsement. Registered UK charity number: 1154784. Registered UK company number: 08480724. Registered company name: The Libertarian Research & Education Trust. Registered office: MayDay Rooms, 88 Fleet Street, London EC4Y 1DH. © Statewatch ISSN 1756-851X. Personal usage as private individuals "fair dealing" is allowed. We also welcome links to material on our site. Usage by those working for organisations is allowed only if the organisation holds an appropriate licence from the relevant reprographic rights organisation (eg: Copyright Licensing Agency in the UK) with such usage being subject to the terms and conditions of that licence and to local copyright law.