Some organizations have asked the Council of State to order, in the context of the epidemic caused by the spread of the covid-19 virus, the temporary closure of all administrative detention centers until the lifting of the containment measures. The conditions in which the administrative detention centers operate are not in themselves likely to infringe the right to respect for life or the right to receive care and do not reflect an infringement of these fundamental freedoms.

The placement or continued detention of foreigners subject to a measure of removal from French territory does not seriously and manifestly unlawfully infringe the freedom to come and go, necessitating the temporary closure of all administrative detention centers by the general measure requested by the applicant, insofar as the law gives the liberty and custody judge the power to end detention when it is no longer justified for any reason.

Case reported by Inès Giauffret, Université de Versailles Saint-Quentin-en-Yvelines (UVSQ)


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Inès Giauffret — Université de Versailles Saint-Quentin-en-Yvelines (UVSQ)