On July 28th 2011, Mr. G B.S a legal resident of Italy from India was arrested in the train station of Bordeaux while purchasing a train ticket to Italy. He was detained in police custody on the suspicion of being illegal in France (article L621-2 of the code of migration and asylum). On July 29th 2011, he was placed in the immigration detention facility of Bordeaux awaiting his deportation to Italy.

On July 30th 2011 at 3:45pm, he submitted an “habeas corpus” motion to be immediately release (article R552-17 of the code of migration and asylum) on the ground that his arrest and detention in police custody were illegal following the ECJ judgment El Dridi (C-61/11) on April 28th 2011.

On July 30th 2011 at 6:12pm, Judge Perlant of the tribunal of Bordeaux ordered the police to release Mr. G B.S on the ground that his detention in police custody was illegal. The order was communicated immediately to the district attorney of Bordeaux and the release should have occurred on July 31th 2011 at 12:12am (article L552-6 of the code of migration and asylum). But the police officers of the immigration detention center refused to release Mr. G B.S. On August 1st 2011, Mr. G B.S was forcibly removed to Italy.

On August 4th 2011, Me Emmanuel Barast (Bordeaux) filed a criminal complain for “illegal arrest” (articles 432-4, 432-5 of the penal code) at the district attorney office of Bordeaux. The main suspects seems to be the police officer who placed Mr. G B.S in police custody and in the immigration detention center, the police chief of the detention center and the prosecutor Laplaud (Bordeaux) who controls the detention.

Upon request, Me Emmanuel Barast didn’t inform us why he didn’t summons the 4 main suspects to the misdemeanor court (article 392 of the code of penal procedure) and seek damages in a civil lawsuit.

According to Ms. Petersell of the NGO Cimade, the police officers are still detaining illegally suspects of immigration violation in police custody.

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