The executive acknowledged on Wednesday that it had to “do better” on the deportation of irregular immigrants
after having been questioned by the right and the extreme right
in the murder case Lola, a 12-year-old girl found dead on Friday.
The main suspect, indicted on Monday for “murder” and “aggravated rape” and imprisoned, had entered France legally in 2016 with a student residence permit, but was subject to an obligation to leave French territory (OQTF ) since last August.
Arrival in France with a student visa, without criminal record
Without a criminal record so far, 24-year-old Dahbia B. was known to the police as a victim of domestic violence since 2018.
According to information from franceinfo, during the debate behind closed doors before the judges of freedoms and detention (JLD) on Monday, she appeared very calm. As in any criminal proceeding, one or more psychiatric expertise will be ordered during the investigation to determine his criminal responsibility. Asked about the subject during a press briefing at the Paris court on Wednesday, his lawyer, Me Alexandre Silva, recalled that a person declared criminally irresponsible “can spend her whole life in a psychiatric hospital as long as she is not deemed fit to be released, if I dare say”. Contrary to what is assertedspeakers on the sets” television, he added, “there are a number of particularly serious offenses which incur incompressible life imprisonment, that is to say without the possibility for the person of ever leaving prison”.
“The offense which is specifically alleged against my client belongs to one of these qualifications”underlined Me Silva who also denied the rumor that “would consist in implying that the motive for the murder of little Lola would be animated by a_ racist motive”, specifying “this mobile is absolutely not verified, it is false, it was never considered.”
Controversy
On August 21, the young woman was arrested at an airport by the police who had noted a lack of residence permit. As provided for in the procedure for foreigners without a criminal record, a OQTF (obligation to leave French territory)
was then released to him. She had 30 days to leave the territory.
An administrative situation which provoked strong reactions, in particular from the extreme right and part of the right which criticized the government for its “laxity” in terms of expulsions. “The revelations about the profile of the woman suspected of the massacre of little Lola, who, we learn, is in an irregular situation, are a textbook case on the uncontrolled nature of illegal immigration in our country. debate must open… finally”tweeted Marine Le Pen, president of the National Rally group in the National Assembly.
After calling on those who argue to show “dignity (…) not to exploit the unspeakable pain of a family, not to use the death of a child for political purposes”, like Prime Minister Elisabeth Borne on Tuesday, the government estimated this Wednesday “have to do better” “to ensure that evictions” be “followed by effects“, by the voice of his spokesperson, Olivier Véran.
In 2020, only 7% of the obligations to leave the territory were carried out, less than 6% in 2021 indicates a Senate report
entitled “State services and immigration: regaining meaning and efficiency”
released last May.
“The implementation of a distancing is most often akin to a journey strewn with pitfalls” notes the report, citing:
“- the identification of people in an irregular situation arrested: they often do not have identity documents, use “aliases” and refuse to submit to fingerprinting;
– very uneven rates of issuance of consular laissez-passer (LPC): on average, barely more than one LPC in two was issued within a useful time by the consular authorities of the countries of origin in 2021 (53.7 %);
– the saturation of the administrative detention system: if it constitutes an essential tool for the implementation of deportations, the administration must deal with the shortage of available places. In addition, a growing number of foreigners leaving prison are placed in detention, even though greater anticipation would allow them to be deported as soon as their release is lifted;
– the increased judicialization of the removal process: in 2021, 12.3% of interruptions of removal stemmed from an unfavorable judicial decision.
In addition, over the past two years, the health measures put in place at the borders of countries of origin due to the Covid-19 pandemic have limited returns. Foreigners who are the subject of an OQTF can finally appeal against this decision.