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France – Nice Judicial Tribunal, 25 January 2020, n° 20/00150
Country of Decision:
Country of Applicant:
Date of Decision:
25-01-2020
Citation:
Order of 25 January 2020, n° 20/00150.
Court Name:
Nice Judicial Tribunal, Aix-en-Provence Appeal Court (Laurence-Anne Michel, judge of liberty and detention)
Relevant Legislative Provisions:
European Union Law > EN - Returns Directive, Directive 2008/115/EC of 16 December 2008 > Article 15
European Union Law > EN - Returns Directive, Directive 2008/115/EC of 16 December 2008 > Article 16
European Union Law > EN - Returns Directive, Directive 2008/115/EC of 16 December 2008 > Article 16
National / Other Legislative Provisions:
Art. L.551-1 to L551-3
L.552-1 to L552-13
L553-1 to L553-6
L554-1 to L554-3
L555-1 to L555-3
R.551-1 to R552-12 and L611-1
L611-1-1 et seq of the Code on the entry and residence of foreigners (CESEDA)
L.552-1 to L552-13
L553-1 to L553-6
L554-1 to L554-3
L555-1 to L555-3
R.551-1 to R552-12 and L611-1
L611-1-1 et seq of the Code on the entry and residence of foreigners (CESEDA)
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Headnote:
The Judge of the liberty and detention of the Nice Judicial Tribunal declared irregular the procedure during which the applicant was notified of his administrative detention more than an hour after the end of his police interrogation.
The Judge considered that the deprivation of liberty during that time had no legal foundation.
Facts:
On 23 January 2020, the applicant, a Tunisian national, was notified with an order requiring him to leave French territory. He was placed in a detention centre the same day.
Two complaints of violence had previously been filed against him. Additionally, the applicant had not answered to a first convocation dated 6 January 2020. On 23 January, the applicant was held in police custody until 15h30. He was then notified of his administrative detention at 16h55.
The applicant challenged the regularity of the procedure arguing that between 15h30 and 16h55 the deprivation of his liberty was arbitrary and without legal basis.
The authorities claimed that that was the time needed at the end of the police interrogation to translate the documents to the applicant.
Decision & Reasoning:
The Judge of the liberties and detention considered that, based on the file, the applicant police custody of the 23 January ended at 15h30 but he was notified of his administrative detention only at 16h55. Since no particular reason justified this delay of more than an hour, it resulted that the applicant’s deprivation of liberty between 15h30 and 16h55 had no legal foundation. Therefore, he was entitled to contest it.
The Judge declared the procedure irregular. The request of extension of the duration of the administrative detention was denied. The applicant was reminded of his obligation to leave the French territory.
Outcome:
The request of extension of the duration of the administrative detention was denied.
