Some quick context: UN Bodies monitor compliance with international law by ‘reviewing’ countries’ actions against the treaties they have signed. This autumn, France is under review for their compliance with the ICCPR – international covenant on civil and political rights. That means civil society can submit evidence of violations. Here’s a summary of the evidence we are presenting on France…
ARBITRARY ARREST AND DETENTION
During the last 6 months, we have documented testimonies which reveal arbitrary arrests and detention by French authorities on the French-Italian border.
The time detained varies enormously, people are systematically not informed of the reasons for detention, and some people with valid documents were detained anyway on racial grounds.
They were not given any food or water during the night of detention, and there was more than 10 people in the cell. [03/08/2024]
He did not receive any access to food. He was detained inside a single cell with 20 other men. He explained that the police did not explain the documents he was receiving, nor his rights, nor the grounds for detention. [22/08/2024]
He was removed from the train and detained at night by the PAF, despite having a valid Italian ID-card. He reported that the PAF’s grounds for this detention were that his documents seemed “suspicious”. [30/07/2024]
The data collected suggests continuous and significant violations of Article 9(1) of the ICCPR which guarantees the right to liberty and security, and protects individuals from arbitrary arrest or detention. The inhumane conditions in detention also violate Article 10.
The racist detention of people with valid documents also violates the right to freedom of movement in Article 12 ICCPR, and when people are not given the opportunity to challenge their detention or expulsion Article 13 is also violated.
INADEQUATE COMMUNICATION OF RIGHTS
We have also collected testimonies which consistently identify an utter lack of communication about rights and procedures, which violates Article 9(2) of the ICCPR which states that anyone arrested shall be informed immediately of the reasons for the arrest and any charges.
Instead, people are detained in inhumane conditions, whilst the police frequently refuse to inform people of the reasons for the detention or the right to challenge it.
They had attempted to tell the PAF that they wanted to seek asylum in France, but the police “did not listen” and did not let them register their application. [18/07/2024]
He was not permitted to ask about the reasons he was detained or about the readmission order he was being asked to sign. When he told them the name and surname on the form was incorrect, they did not change it. [13/08/2024]
He was not interviewed, and the police asked him not to make any comments on the form about his readmission to Italy. the police did not tell him he could call a lawyer, and they took his fingerprints and did not give him a copy for the form. he informed NNK he was confused during the whole process. [13/08/2024]
MANIPULATED DOCUMENTS
We have also received concerning testimonies of documents which have been altered, falsified, or prejudiced with ‘printed-on’ marks, meaning that the documentation provided is frequently and deliberately illegitimate.
Evidence of these documents is in the submission – in one case, the police faked the respondent’s signature. Frequently, the option for ‘No Comments’ regarding the expulsion is already printed onto the form.
This makes the expulsions illegitimate, violating Article 9(2) which guarantees the right to be informed of reasons for arrest, and Article 2(3) which ensures the right to effective judicial remedy.
SYSTEMATIC AND INTENTIONAL VIOLATIONS OF HUMAN RIGHTS LAW AND JUSTICE
Not only are French authorities violating the bare minimums of human rights systematically, they are intentionally circumventing these safeguards to try to make their violence and pushbacks seem legal.
We have requested the UN Human Rights Committee to investigate, and also requested the French state to respond to our evidence and take accountability for the deliberate neglect and abuse perpetrated by the French Border Police.
By the Protection Team, Esme Smithson Swain, Anafee Fränznick, and Lisanne Eisenmann.
