The 234 survivors rescued in the Mediterranean by the ship and landed on November 11 in Toulon had been transferred to this area, created in a holiday center, in Hyères in the Var, while their files are examined.
mo12345lemonde with AFP
The Council of State rejected, Saturday, November 19, the request for associations which claimed the closure of the waiting area created temporarily to receive migrants landed from the Ocean-Viking, near Toulon. They believed that they were illegally deprived of freedom.
“The judge [of summary proceedings] 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, in this mere fact, been hampered in a serious and manifestly illegal “. The institution had been seized on appeal by the National Association of Borders Assistance for Foreigners (Anafé), after the rejection of its appeal before the judge in summary proceedings of the Toulon Administrative Court.
The 234 survivors rescued in the Mediterranean by the ambulance ship Ocean-Viking and landed on November 11 in Toulon had been transferred to this area, created in a holiday center in the Giens peninsula, in Hyères in the Var, The time that their files are examined.
a large part of them have since been released, either by legal decision, or because they are isolated minors, or because they have benefited from admission to the territory under asylum After interviews with the French Office for the protection of refugees and stateless (OFPRA).
“absence of serious damage (…) to a fundamental freedom”
The judge in summary proceedings of the Council of State notes that the OFPRA “was able to conduct the legally provided interviews” and that “the liberty and detention judge then the Aix-en-Provence Court of Appeal have spoken out on the extension of detention measures, which have also been refused for the vast majority of them. ” He also notes “that except for the few hours during which the people were present at the military base, the applicant association was able to access the holiday village without obstacle”.
According to the press release, the Ministry of the Interior transmitted to the Anafé an “updated list of sixteen people” maintained in this center, “in order to facilitate the exercise of its assistance mission, as he s ‘was engaged there during the hearing at the Council of State “which was held on Friday, and” lawyers also have access to the holiday village “. The Council of State’s summary judge thus concluded that “the absence of serious and manifestly illegal attack on fundamental freedom”.