The border police of France's Hautes-Alpes region have been issuing ICTFs (bans on circulation within French territory) to migrants since early January. Several associations described the practice as "illegal", which the Marseille Administrative Court recognized as such, after the filing of several appeals.
The international humanitarian organization Médecins du Monde and the Briançon-based association Toutes et Tous Migrants published a joint press release this month slamming the use of ICTFs (bans on circulation within French territory) in France’s Hautes-Alpes region along the Franco-Italian border.
The “first signs of alert” go back to January 10. Beginning on this date, Toutes and Tous Migrants observed that most migrants who were detained or who presented themselves to the border police (PAF) of Montgenèvre with the objective of seeking asylum were issued with ICTFs.
In dozens of observed cases – the exact number is impossible to estimate – the provisions allowing for an ICTF were not met. Their illegality was recognized by a judge at the Marseille Administrative Court in several appeals filed, according to the press release.
In response to questions sent by InfoMigrants, the prefecture of Hautes-Alpes responded on February 12, ensuring “[. . .] that the Montgenèvre PAF doesn’t issue ICTFs”.
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An ‘infringement on fundamental rights’
What does the law say? The Code of Entry and Residence of Foreigners and the Right to Asylum (CESEDA) foresees that a decision of readmission (from one country to another) can be accompanied by an ICTF of a maximum of three years, if the individual committed a crime or an offense, or if they represent a threat to public order or security. This doesn’t apply to the individuals concerned, said Brune Béal, advocacy officer for Toutes et Tous Migrants.
Above all, ICTFs apply to European citizens or holders of a residence permit in a European country who are subject to an order to leave French territory (OQTF). Yet the ICTFs recorded by the association since mid-January have been issued to non-European nationals “who do not have any particular administrative situation in Italy,” said Laure Palun, director of the National Association to help Foreigners at the Borders (ANAFÉ).
In another error, several people seeking asylum were issued an ICTF. “They should have been received and directed to (GUDA) a specific office called the Single-desk contact point for asylum seekers,” said Palun. This is a “violation of the right to asylum”, added Toutes et Tous Migrants.
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A ‘Damocles sword’ over the head of migrants
The consequences of these measures are important. Failing to respect an ICTF is punishable by a sentence of up to three years in prison, leading associations to fear another step toward the “criminalization” of foreigners. If they enter France despite everything, migrants issued with an ICTF risk face either penal prosecution or being sent to an administrative detention.
In addition, after being issued the ICTF, foreigners are registered in the Schengen Information System (SIS). The European database lists individuals wanted in connection with criminal proceedings, arrests, or extraditions. This registration could have consequences for potential asylum procedures, said Palun.
The ICTF is a “sword of Damocles over the heads of exiled people”, said Béal. “The novelty of the practice means that we cannot yet fully grasp all its implications,” she added. She fears Briançon will serve as a “laboratory” before the practice is extended to other regions in France, where the use of ICTFs has not yet been documented.
The two associations vowed in the press release to continue “rigorously documenting border practices and collecting testimonies from exiled people to bring their concerns to the attention of independent administrative authorities”.
The Difference between ICTF, ITF and IRTF
The ICTF should not be confused with the ITF (French Territory Ban) or the IRTF (prohibition of French territory). It is only issued to European citizens or holders of a residence permit in a European country.
The ITF is issued by a criminal judge against a foreigner who resides in France and who has committed a crime or an offense. It may be accompanied by a prison sentence, a fine, or constitute the primary penalty.
IRTFs are issued to non-European foreigners who have already issued an order to leave French territory (OQTF) after they fail to comply with the 30-day period granted to them to make a "voluntary departure." The IRTF is automatic when no delay is granted to leave French territory. A prefect can pronounce an IRTF, even in case a delay is granted for the completion of an OQTF.