Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January-June 2007
compared to 2005, following an upwards
trend since the creation of the CNDS in
2000. Whilst this increase is probably, as
the CNDS Annual Report itself notes, due in
part to the increasing awareness among the
public of the existence and role of the CNDS,
the overall number of cases reported each
year, give cause for concern nonetheless. A
total of 140 complaints were registered in
2006. National police officers (la police
nationale) were the subject of complaints in
62% of these cases. The CNDS referred
seven cases to the public prosecutor for
possible criminal investigation and 15 to the
Minister of the Interior for disciplinary
sanction.
In its report the CNDS also noted “an
inflation in the number of charges brought
for ‘insulting behaviour’ (outrage), brought
in an excessively systematic manner by law
enforcement officers”, which figured in 13
of 69 cases involving police officers. The
CNDS considered that the offence of
“outrage” was being interpreted too broadly
by police officers.
On 15 May a “government representative”
designated by the prime minister was
appointed to the CNDS, in line with a recent
legislative reform creating such a post.
Human rights organisations have expressed
concerns that this post could compromise
the independence of the body.
Asylum
According to the annual report of the
French Office for the Protection of Refugees
and Stateless Persons (Office français de
protection des réfugiés et apatrides, OFPRA)
published on 13 March, 2006 was the third
consecutive year to register a decrease in
asylum applications in France. The number
of new applications made was 38% lower
than in 2005. The rate of recognition of first
instance asylum requests by the OFPRA was
7.8% (2,929 cases).
On 5 March the then Minister of Interior,
Nicolas Sarkozy, welcomed the fall in
asylum applications in France during a
meeting on immigration, claiming that “the
Amnesty International
47
asylum process is no longer a ‘factory for
illegal
immigrants’”.
Human
rights
organisations, including AI, have criticized
France’s policy of “dissuasion”, exemplified
by the creation in 2003 of a list of “safe
countries” from which asylum claims would
be assessed under a fast-track procedure,
with a presumption that they were
unfounded. The short time frame for
making an asylum claim, as well as the
complexity of the procedure, has also been
issues of concern to AI. Furthermore, the
organization has noted that appeals to the
Refugee Appeal Commission (Commission
des recours des réfugiés, CRR) against
refusal of asylum claims have shown a
consistent rise in success rates over recent
years, currently standing at around 16%,
indicating a tendency towards excessively
restrictive decisions made at first instance.
Immediately following his election as
President of France, Nicolas Sarkozy
created a new post of “Minister of
Immigration, Integration, National Identity
and Co-Development” currently held by
Brice Hortefeux. This ministry will take over
competency for asylum from the Ministry of
Foreign Affairs. AI has expressed serious
concern that this joint responsibility for
immigration and asylum matters will lead to
a blurring of perceptions and legal
boundaries which could negatively affect
the implementation of France’s legal
obligations under international law relating
to refugees.
The case of Houssine Tarkhani
On 3 June Tunisian asylum-seeker Houssine
Tarkhani was forcibly returned from France
to Tunisia.
Houssine Tarkhani was, according to
information received by AI, arrested at the
French-German border on 5 May, as an
irregular migrant, and held in a local
administrative detention facility (local de
rétention administrative) in Metz, pending
the execution of a prefectoral removal order
(arrêté préfectoral de reconduite à la
frontière). On 6 May Houssine Tarkhani was
brought before a judge (Juge des libertés et
AI Index: EUR 01/010/2007
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