Migrants The judge held that “the rights of these foreigners have not […] been seriously and manifestly unlawfully interfered with”
Migrants on board the Ocean Viking before their landing in Toulon. — AFP
The Council of State rejected Saturday the request of associations which demanded the closure of the waiting area created temporarily to receive migrants from the Ocean Viking, near Toulon, because they believed that they were there illegally deprived of liberty.
In his decision, the interim judge of the Council of State “rejects” the request of the National Association for Assistance at the Borders for Foreigners (Anafé), which had seized him on appeal after the rejection of his appeal before the judge in summary proceedings of the administrative court of Toulon.
“”The judge notes the exceptional circumstances in which the reception of these people had to be organized” and observes “that the rights of these foreigners have not, by this fact alone, been violated. obstructed in a serious and manifestly illegal way.
A large part of the released migrants
The 234 survivors rescued in the Mediterranean by the ambulance ship Ocean Viking and disembarked on 11 November at Toulon had been transferred to this area, created in a holiday center on the peninsula of Giens, at Hyères (Var), until their files are examined.
Much of it has since been removed. released, either by judicial decision, or because they are unaccompanied minors, or because they have benefited from admission to the territory for asylum after interviews with the French Office for the Protection of Refugees and Stateless Persons (Ofpra).
“ Absence of a serious impairment to a freedom fundamental”
The interim judge of the Council of State notes that the Ofpra “was able to conduct the interviews legally provided for,” s and detention and then the Aix-en-Provence Court of Appeal ruled on the extension of the detention measures, which was moreover approved. refused by the vast majority; of them”.
It also notes “quo;qu’” With the exception of the few hours during which people were present at the military base, the applicant association was able to access the holiday village without hindrance.
According to the press release, the Ministry of the Interior transmitted to Anafé an “updated list of the 16 people” maintained in this center, “in order to facilitate the exercise of its mission of assistance, as it had undertaken to do. during the hearing at the Council of State” which was held on Friday, and “the lawyers also have access to the holiday village” The judge in chambers of the Council of State concluded that “the absence of a serious and manifestly unlawful interference with a freedom fundamental”.