A well-documented investigation published this Thursday, April 25 by the Defender of Rights highlights “ systematic violations » by the French authorities of the rights of migrants wishing to enter the territory from Italy, as well as deprivations of liberty ” arbitrary and unworthy “.
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In 2023, 30,000 entry refusals were notified to people who the police then pushed back onto Italian territory. In many cases, these pushbacks were illegal. This is what Rights Defender Claire Hédon was able to observe at the end of a two-year investigation, by going with her teams to the Franco-Italian border. This “ framework decision », a document which is part of the means of action of the Defender of Rightswas published on Thursday April 25 and was addressed to the Ministry of the Interior.
The National Association for Border Assistance for Foreigners (Anafe) has been observing these rights violations on the ground for eight years. “ We were still under observation at the border last week, specifies its president Alexandre Moreau. What we observe is that there are still no interpreters in the stay verification procedures. There is no information on what procedure is applied to people, there is no lawyer and therefore no legal assistance. There is no information on the asylum procedure. However, a certain number of people are fleeing situations which would justify a need for international protection above asylum, there is no such explanation and it is even worse for unaccompanied minors.. »
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Violations of children’s rights for unaccompanied minors
The case of unaccompanied minors are particularly highlighted in this investigation. According to the law, a migrant person declaring themselves a minor must in particular be taken care of by the departmental child welfare services. However, the practices of the French border police (Paf) do not reflect the planned procedures, adds Alexandre Moreau:
“ When we carry out a stay check for minors, we must allow them a period of respite. What we observe is that there is no immediate respite. When there is questioning, there is examination. The exam doesn’t even last 30 minutes. We do not explain to them why they must answer these questions and what the issues are. Systematically, we see that the minority is contested and therefore doubt does not benefit the minority and we do not explain to them, for example, that they have the right to a lawyer, that they also have the right to go to the children’s judge to challenge the majority decision. However, unaccompanied minors are never, ever, never in an irregular situation on the territory. »
Arbitrary deprivations of liberty
Once questioned, “ a large number of people find themselves locked up for several hours, or even an entire night », Underlines the investigation. This under the pretext of being “ sheltered », before being taken back to the other side of the mountain by the Italian police. “ We are neither in a waiting zone nor in a detention center, indicates Alexandre Moreau. It is a completely illegal and arbitrary procedure of confinement in prefabricated buildings and therefore in completely undignified conditions. And we do not know exactly in what legal framework the police practice this confinement. She talks about sheltering, but it’s a whole particular code which is not itself respected either. »
Among the long list of obstacles noted by the Defender of Rights in this 180-page report, the very location of the police checks raises questions. Checkpoints must be declared to the European Commission, provided sine qua non the reestablishment of controls at the internal borders of the Schengen area. However, on several occasions, exiled people have been intercepted in places other than those officially provided for in the texts.
The re-establishment of internal borders justified by an attack in Moscow
European law effectively allows Member States of the Schengen area, of which the free movement of people is a key principle, to reestablish controls exceptionally and for a period of six months.
Since 2015, due to a terrorist threat after the attacks of November 13, 2015 in Paris, the French border police have actively returned to service. From, the reestablishment of controls is constantly renewedmotivated by events as varied as the Covid-19 pandemic in 2020, or the organization of the Rugby World Cup in 2023.
The current authorization ends on April 30, 2024. On May 1, new arguments were notified to the European Commission: the holding of the Olympic and Paralympic Games in Paris and the attack in Moscow on March 22.
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