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Arenc affair

February 27, 2024

The Arenc affair began on April 16, 1975 in Marseille, France, when attorney Sixte Ugolini publicly condemned the police's kidnapping of his client, Mohamed Chérif, a Moroccan citizen with legal status. Shortly thereafter, the general public discovered a dormant warehouse located in the port of Arenc [fr] that had been covertly used by the prefecture to detain non-nationals (primarily Algerians) awaiting deportation for more than a decade, outside of any established legal framework. The affair foreshadowed the establishment of administrative detention centers [fr], which were brought into law in October 1981.

Arenc detention center
Centre de rétention d'Arenc
Warehouse location
Location within France
General information
TypeAdministrative detention center
LocationProvence-Alpes-Côte d'Azur region, Bouches-du-Rhône department.
Town or cityMarseille
CountryFrance
Coordinates43°18′44″N 5°21′40″E / 43.31222°N 5.36111°E / 43.31222; 5.36111
Inaugurated1963
Closed2006
Other information
Number of rooms80

Background edit

Attempt to curtail immigration of Algerians edit

By the end of 1962, the French police aimed to restrict Algerian migration to Marseille to prevent a surge of "unemployed, sick, homeless, and socially undesirable masses."[1] Starting April 1963, France circumvented the "free movement" arrangement under the Évian Accords[2] by introducing "health checks" (essentially fitness-for-work assessments[3]), leading to approximately 13% of Algerians being denied entry.[1] While waiting to reboard the ship, individuals denied entry were housed overnight,[4] initially in a hostel located behind the port and later from September 1963 in a 600 m2 facility within the port of Arenc. The facility occupied the second floor of a previously decommissioned warehouse, accessible by only an external metal staircase.[1][5][6] This area had previously been used since May 1962 to receive and distribute repatriated Algerians.

As the "sanitary" measures proved inadequate in sufficiently controlling immigration,[7] the government revised the principle of free movement through the Nekkache-Grandval agreements of April 1964.[8] These agreements introduced a "tourist" visa and mandated Algerian nationals to possess a residence certificate or an "ONAMO" work permit issued by the Office National de la Main-d'Œuvre [fr].[2] A classified clause, as identified by sociologist Alexis Spire, authorized an initiative to "repatriate the idle"ː[1][9]

"Algerian nationals (...) without employment or resources (...) may be repatriated to Algeria by the French government, unless humanitarian reasons prevent it."

The circular issued on April 17, 1964, stipulates that the prefecture is solely responsible for determining the repatriation cases without any possibility of appeal.[1][10]

Arenc warehouse as a clandestine immigration prison edit

The Arenc center, starting from May 1964, was placed under the direct control of the port's specialized police station, and detention, originally reserved only for "non-admitters," was expanded to include people who were being expelled by ministerial order (arrêté ministériel - A.M.). Also, "idle" Algerians who were in the process of being repatriated, according to a prefectoral decision (décision préfectorale - D.P.),[11] were also included. On July 17, 1964, the Ministry of the Interior notified the Bouches-du-Rhône Prefect regarding the same matterː[12]

"As the Algerian nationals in question are not subject to a custodial sentence, it is important that during their stay at the center, surveillance measures are strictly limited to those necessary to prevent their escape [sic]."

The hunt for "fake Algerian tourists",[13] followed by a so-called "fight against substandard housing", whose aim was in fact to prevent the arrival of the wives and children of Algerians living in Marseille,[14][15] led to an increase in the number of expulsions: in 1965, over 11,400 people passed through the Arenc center.[1] By the end of the 1960s, the number of Moroccan, Tunisian, Malian and Senegalese nationals at the center was increasing.

 
Plan of the warehouse.[16][17] Alex Panzani identifies the large room as "des Africans".[16]

Detainees in Arenc are unable to appeal deportation decisions or contact legal counsel.[1] The confinement conditions are quite dire, with rundown facilities and intermittent heating, and the center lacked showers.[2][18][19] Meals consisted of two hard-boiled eggs, a ration of cheese, a slice of bread, and a can of sardines, which some inmates have utilized in suicide attempts.[19][20] Notably, in 1969, a hunger strike was suppressed through the expulsion of the "ringleaders."[1] The premises consisted of three main dormitories: one for "AM/DP" (nationals subject to a ministerial order or prefectoral decision), one for women and children, and another for "non-admis" (rejected upon entry). Additionally, there was a small room designated for solitary confinement.[17]

The association Aide aux travailleurs d'outre-mer (ATOM), which has been appointed by the prefecture to manage several social reception centers in Marseille,[21][22][23] was responsible for cleaning and laundering the dormitories.[24]

According to a press release from the Ministry of the Interior dated April 22, 1975, a total of 3,299 individuals were detained at Arenc in 1974.[25]

Detentions of Mohamed Chérif and Saïd Bennia edit

The Arenc affair began with the revelation that the police had taken Mohamed Chérif into custody without his consent. Mohamed Chérif, a Moroccan citizen and supporter of the MTA, was legally residing in Marseille with a valid permit for residency. He worked as a fisherman[26][27] and had filed a complaint in August 1974, reporting that he was subjected to brutality while on the grounds of the Moroccan consulate.[28] During his civil hearing, an attaché of the consul threatened him with deportation to Morocco. On April 11, 1975, Mohamed Chérif disappeared after attending a meeting at the prefecture.[27][29][30] His friends informed Sixte Ugolini, who was in charge of the local syndicat des avocats de France (SAF), about the existence of a clandestine detention center near the Arenc ferry terminal.[27]

On April 15, 1975, Saïd Bennia, an Algerian national born in 1956 in Marseille and a client of Sixte Ugolini, was arrested by the police immediately after he was judged free by the court. His parents followed the police van to the entrance of the Arenc prison where he was incarcerated.[29][30][31]

On April 16, 1975, Sixte Ugolini called a press conference to denounce what he deemed a kidnapping due to the lack of news regarding Mohamed Chérif's appearance before the public prosecutor's office within the legal period of police garde à vue.[19][27][32] Journalist Alex Panzani reported that "immigrant circles" were aware of the center's existence[19] while historian Ed Naylor hypothesized that Sixte Ugolini's surprise during the press conference may have been staged as part of a media move.[33]

The conference's success ultimately resulted in Mohamed Chérif's immediate release. He was in Sète at the time, with his departure for Morocco impending. Upon his return to Marseille, he informed his lawyer through an interpreter that he had been coerced into signing incomprehensible documents before being confined in a warehouseː[34][35]

"On April 11, I went to the police summons, in an office on the second floor. A policeman called twice, and I recognized the word 'prefecture', which came up a lot. Then he told me: "You're going back to your country. You have to sign this paper. I don't read French. I asked what it meant, but the policeman said, "You have to sign it, it's legal." So I signed. And I waited. An hour and a half later, I was taken by van to a warehouse in La Joliette. I stayed there for six days. In this warehouse with its barred windows, there were fifty to sixty people, including two women. We slept on bunk beds. We were guarded by six or seven uniformed policemen. On April 16, at 1pm, I was taken in a van to the Sète police station with five other Moroccans who were to be deported like me aboard the cargo ship Agadir. At around 9.30pm, the police came to collect my companions. They left me behind. But at around 10pm, they told me: "You can go to Marseille, you're free...".

Saïd Bennia was released on April 16 by the Prefecture of Police's order. This information is evidenced by the margin entry of his name in the register for the Arenc center.

Published photographs in La Marseillaise on April 19, 1975 establish detention activity in the warehouse,[29][36] elevating the incident to a national level.[27][35] On April 22, 1975, the Ministry of the Interior attempted to dispel the controversy surrounding Arenc prison by denying the existence of a secret center. It stated that Arenc was actually a "transit center" that had been legally established in 1964 and housed individuals who were denied entry into France, foreign nationals who had received an administrative expulsion order, and illegal immigrants.[37][38] However, neither Mohamed Chérif nor Saïd Bennia fell under these categories.[19] Following this, a "collective against Arenc prison" was formed in Marseille. The presence of a contentious detention facility in Paris is brought to light.[39]

A Marseilles resident, Salah Berrebouh, was sent to Algeria and barred from attending court proceedings; however, he later clarified the details of his deportation to the judge once he returned to France.[40][41] Berrebouh filed a complaint against X for an unlawful arrest, unjustified confinement, and deprivation of liberty.[42] He was subsequently released without charge.[43][44] Berrebouh's case was dismissed in December 1978.[45]

In late April 1975, Minister of the Interior Michel Poniatowski defended the center's existence, disregarding police custody regulationsː[40]

"There's no mystery or drama (...) This is a temporary accommodation center for foreign nationals who have been refused entry. The fact is, and this is why I have taken steps to open up additional appropriations, that the accommodation conditions were inadequate."

On April 30, 1975, during a session of the National Assembly, Jean Lecanuet, France's Minister of Justice stated that there were no detention centers in France, clarifying that the "transit center" was not a clandestine facility. However, he avoided answering a question from Paul Cermolacce, a Communist deputy from Bouches-du-Rhône, who inquired about why the public prosecutor's office had opened an investigation.[46] The Syndicat de la Magistrature deemed the center completely illegal due to its clandestine nature and demanded its closure. However, their efforts proved to be unsuccessful.[47][48]

Gustave Essaka, a Cameroonian national who had been detained in the center for almost a month without an arrest warrant or conviction, was eventually deported and returned to Marseille before filing a complaint.[49][50] The apparent legality of detention is once more in doubt when Enrico Fernandez Rodriguez, a Spanish detainee, is admitted to the detainee ward at Hôpital de la Conception [fr] on May 17 after attempting to escape and injuring himself. The public prosecutor's office decides to transfer Rodriguez to the main ward despite the lack of judicial supervision over him. It is worth noting[19][51][52] that Rodriguez was eventually released from the hospital.

On May 29, 1975, Judge Locques conducted a search of the center in response to complaints of sequestration. The Syndicat des avocats de France expressed satisfaction with the search.[53][54] Prior to the judge's arrival, the guards received instructions to release a family with six children.[55] Although Judge Locques deemed the complaints to be well-founded, the Aix-en-Provence public prosecutor's office sought the dismissal of the case.[56] In 1977, the case was referred to the Criminal Division of the French Cour of Cassation,[57] which implicated the Marseille Prefect of Police.[58] Following this, the Interior Ministry could no longer deny the existence of Arenc and attempted regulation by issuing a circular on November 21, 1977, and a decree in December 1978.[58] Finally, the civil parties were dismissed on November 14, 1978.[59][60]

On June 14, 1975, approximately one thousand people gathered in Marseille for a demonstration demanding the immediate closure of Arenc prison and the indictment of those responsible. The event was organized by the Committee for the closure of Arenc prison, according to which around one thousand people attended, while the police estimated the number to be 550.[61] Protest declined during the 1975 summer months, but in September, it was reignited by the release of the book Une prison clandestine de la police française, Arenc by Alex Panzani. a journalist for La Marseillaise who was involved in the investigation.[62]

Legislative aftermath edit

At a National Assembly session on November 24, 1976, Interior Minister Michel Poniatowski addressed Communist deputy Paul Cermolacce's concerns about the Arenc center, citing it as a more humane alternative to prison. Poniatowski stated that under article 120 of the penal code, individuals could be sent to prison, but to avoid harsh conditions, they are instead sent to the Arenc accommodation center.[63][64]

The Barre administration [fr] endeavored to establish a legal basis for this practice retrospectively via a circular dated November 21, 1977, which proposed termination of employing the Arenc center and substitution with confinement in "a penitentiary establishment for a period not exceeding seven days".[65] However, the circular was nullified by the Conseil d'État on a matter of form.[66][67] On December 9, 1978, the government enacted a decree restricting detention to "the time strictly necessary for the effective execution of the expulsion".[68][69] Protests persisted throughout the streets of Marseille.[70]

In early 1979, Interior Minister Christian Bonnet proclaimed a new administrative detention law, permitting detention for a maximum of seven days that could only be extended by court order.[67] However, the bill faced severe opposition from legal experts and members of the French National Assembly and Senate. Opposition deputy Raymond Forni cited article 66 of the Constitution, stating that "no one may be arbitrarily detained" and voiced his objections. Article 3 of the bill permits the detention of foreigners who have been denied permission to enter or reside on French territory.[69] The sole intention of this provision is to legitimize the arbitrary practices carried out in centers like Arenc. The Constitutional Council invalidated the law on January 9, 1980, citing that "individual liberty can only be safeguarded if the judge intervenes as soon as possible".[67] However, detention was still deemed justifiable under the December 9, 1978 decree.[69]

Finally, Gaston Defferre proposed a law that was passed on October 29, 1981, after François Mitterrand[69] was elected. This legalization of detention was the paradoxical result of activist activity against Arenc.[71]

In 1999, Sixte Ugolini commented on the ongoing tightening of detention laws since Arenc was exposed to the publicː[72]

"France has simply legalized this lawless situation, and for foreigners, nothing has changed. The interpretation of the law applied to them continues to reflect our society and the xenophobia that characterizes it."

Epilogue edit

 
Le Canet detention center [fr].

The European Committee for the Prevention of Torture published a report in 1996 exposing the dire living conditions caused by the deteriorating state of the Arenc warehouse.[73] In 2006, the Council of Europe issued another report corroborating these findings.[74] The responsible party remained in their position until 2006. The Arenc warehouse was replaced by a new building located in the Canet district of the 14th arrondissement.[75] However, the public appeared indifferent[76] towards this development. As soon as the new center opened, the Contrôleur général des lieux de privation de liberté [fr], which serves as the French national watchdog for places of deprivation of liberty, noted that the accommodation conditions were unacceptable.[77]

The Arenc warehouse was eventually demolished in 2009[76] and its location now serves as a parking lot for heavy goods vehicles on the port quays.[76] In 2013, the Hangar J1 [fr], held the Marseille-Provence 2013, a significant exhibition about the Mediterranean and "the beginning of a random voyage" [sic],[78] which did not mention this controversy.[79]

Since 1978, approximately 100,000 individuals, including young children, have been detained at Arenc.[1][80][81] According to a report by Mediapart, Saïd Bennia, who was born in Marseille, was arrested by the police in April 1975 and detained at Arenc. He was expelled 15 times, with the most recent occurrence taking place in 2000, before being admitted to a psychiatric ward.[29][82]

The archives of the facility were deposited in 2007 and will be open for consultation at the Bouches-du-Rhône departmental archives [fr] in 2057.

References edit

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  2. ^ a b c Clochard, Olivier; Lemoux, Julie (April 18, 2017). "Voyager d'Alger à Marseille - Retour sur cinq décennies de dispositifs relatifs aux contrôles des migrations". L'Espace Politique (in French) (31). doi:10.4000/espacepolitique.4261. ISSN 1958-5500. Retrieved August 27, 2020.
  3. ^ Battegay (2014, p. 25)
  4. ^ The memo from the Bouches-du-Rhône prefect's office, September 25, 1964, AbdR, quoted by Ed. Naylor, uses the term "hébergement": "les familles devront être conduites au center d'hébergement d'Arenc en vue de leur rapatriement".
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  78. ^ Battegay (2014, p. 150)
  79. ^ Bategay et al. note that "no one in the Marseille-Provence 2013 programming team seems to have grasped the irony" of the expression "random journey".
  80. ^ Rotman, Charlotte (September 20, 2000). "Un clandestin de 4 ans en zone d'attente". Libération (in French). Archived from the original on August 23, 2020.
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Bibliography edit

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  • Naylor, Ed (2015), "Arenc: le premier center de rétention était clandestin", Plein Droit (in French), 104 (1): 32–36, doi:10.3917/pld.104.0032, archived from the original on August 27, 2020
  • Lanux, Gérard (August 17, 2017), "Marseille : Arenc, une plaie toujours vive dans le cœur des étrangers", La Marseillaise (in French), archived from the original on August 27, 2020
  • Bertrand, Olivier (April 26, 2020), "L'entrepôt clandestin de Marseille où la France enfermait les étrangers", Mediapart (in French), archived from the original on August 27, 2020

See also edit

External links edit

External images
  Centre de Détention de Marseille Arenc, José Nicolas (gettyimages) (archive)
  Arenc detention center photographed by journalists on April 19, 1975 (archive)
  • See this location on Google Street View archive.

February 27, 2024
arenc, affair, began, april, 1975, marseille, france, when, attorney, sixte, ugolini, publicly, condemned, police, kidnapping, client, mohamed, chérif, moroccan, citizen, with, legal, status, shortly, thereafter, general, public, discovered, dormant, warehouse. The Arenc affair began on April 16 1975 in Marseille France when attorney Sixte Ugolini publicly condemned the police s kidnapping of his client Mohamed Cherif a Moroccan citizen with legal status Shortly thereafter the general public discovered a dormant warehouse located in the port of Arenc fr that had been covertly used by the prefecture to detain non nationals primarily Algerians awaiting deportation for more than a decade outside of any established legal framework The affair foreshadowed the establishment of administrative detention centers fr which were brought into law in October 1981 Arenc detention centerCentre de retention d ArencWarehouse locationLocation within FranceGeneral informationTypeAdministrative detention centerLocationProvence Alpes Cote d Azur region Bouches du Rhone department Town or cityMarseilleCountryFranceCoordinates43 18 44 N 5 21 40 E 43 31222 N 5 36111 E 43 31222 5 36111Inaugurated1963Closed2006Other informationNumber of rooms80 Contents 1 Background 1 1 Attempt to curtail immigration of Algerians 1 2 Arenc warehouse as a clandestine immigration prison 2 Detentions of Mohamed Cherif and Said Bennia 3 Legislative aftermath 4 Epilogue 5 References 6 Bibliography 7 See also 7 1 External linksBackground editAttempt to curtail immigration of Algerians edit By the end of 1962 the French police aimed to restrict Algerian migration to Marseille to prevent a surge of unemployed sick homeless and socially undesirable masses 1 Starting April 1963 France circumvented the free movement arrangement under the Evian Accords 2 by introducing health checks essentially fitness for work assessments 3 leading to approximately 13 of Algerians being denied entry 1 While waiting to reboard the ship individuals denied entry were housed overnight 4 initially in a hostel located behind the port and later from September 1963 in a 600 m2 facility within the port of Arenc The facility occupied the second floor of a previously decommissioned warehouse accessible by only an external metal staircase 1 5 6 This area had previously been used since May 1962 to receive and distribute repatriated Algerians As the sanitary measures proved inadequate in sufficiently controlling immigration 7 the government revised the principle of free movement through the Nekkache Grandval agreements of April 1964 8 These agreements introduced a tourist visa and mandated Algerian nationals to possess a residence certificate or an ONAMO work permit issued by the Office National de la Main d Œuvre fr 2 A classified clause as identified by sociologist Alexis Spire authorized an initiative to repatriate the idle ː 1 9 Algerian nationals without employment or resources may be repatriated to Algeria by the French government unless humanitarian reasons prevent it The circular issued on April 17 1964 stipulates that the prefecture is solely responsible for determining the repatriation cases without any possibility of appeal 1 10 Arenc warehouse as a clandestine immigration prison editThe Arenc center starting from May 1964 was placed under the direct control of the port s specialized police station and detention originally reserved only for non admitters was expanded to include people who were being expelled by ministerial order arrete ministeriel A M Also idle Algerians who were in the process of being repatriated according to a prefectoral decision decision prefectorale D P 11 were also included On July 17 1964 the Ministry of the Interior notified the Bouches du Rhone Prefect regarding the same matterː 12 As the Algerian nationals in question are not subject to a custodial sentence it is important that during their stay at the center surveillance measures are strictly limited to those necessary to prevent their escape sic The hunt for fake Algerian tourists 13 followed by a so called fight against substandard housing whose aim was in fact to prevent the arrival of the wives and children of Algerians living in Marseille 14 15 led to an increase in the number of expulsions in 1965 over 11 400 people passed through the Arenc center 1 By the end of the 1960s the number of Moroccan Tunisian Malian and Senegalese nationals at the center was increasing nbsp Plan of the warehouse 16 17 Alex Panzani identifies the large room as des Africans 16 Detainees in Arenc are unable to appeal deportation decisions or contact legal counsel 1 The confinement conditions are quite dire with rundown facilities and intermittent heating and the center lacked showers 2 18 19 Meals consisted of two hard boiled eggs a ration of cheese a slice of bread and a can of sardines which some inmates have utilized in suicide attempts 19 20 Notably in 1969 a hunger strike was suppressed through the expulsion of the ringleaders 1 The premises consisted of three main dormitories one for AM DP nationals subject to a ministerial order or prefectoral decision one for women and children and another for non admis rejected upon entry Additionally there was a small room designated for solitary confinement 17 The association Aide aux travailleurs d outre mer ATOM which has been appointed by the prefecture to manage several social reception centers in Marseille 21 22 23 was responsible for cleaning and laundering the dormitories 24 According to a press release from the Ministry of the Interior dated April 22 1975 a total of 3 299 individuals were detained at Arenc in 1974 25 Detentions of Mohamed Cherif and Said Bennia editThe Arenc affair began with the revelation that the police had taken Mohamed Cherif into custody without his consent Mohamed Cherif a Moroccan citizen and supporter of the MTA was legally residing in Marseille with a valid permit for residency He worked as a fisherman 26 27 and had filed a complaint in August 1974 reporting that he was subjected to brutality while on the grounds of the Moroccan consulate 28 During his civil hearing an attache of the consul threatened him with deportation to Morocco On April 11 1975 Mohamed Cherif disappeared after attending a meeting at the prefecture 27 29 30 His friends informed Sixte Ugolini who was in charge of the local syndicat des avocats de France SAF about the existence of a clandestine detention center near the Arenc ferry terminal 27 On April 15 1975 Said Bennia an Algerian national born in 1956 in Marseille and a client of Sixte Ugolini was arrested by the police immediately after he was judged free by the court His parents followed the police van to the entrance of the Arenc prison where he was incarcerated 29 30 31 On April 16 1975 Sixte Ugolini called a press conference to denounce what he deemed a kidnapping due to the lack of news regarding Mohamed Cherif s appearance before the public prosecutor s office within the legal period of police garde a vue 19 27 32 Journalist Alex Panzani reported that immigrant circles were aware of the center s existence 19 while historian Ed Naylor hypothesized that Sixte Ugolini s surprise during the press conference may have been staged as part of a media move 33 The conference s success ultimately resulted in Mohamed Cherif s immediate release He was in Sete at the time with his departure for Morocco impending Upon his return to Marseille he informed his lawyer through an interpreter that he had been coerced into signing incomprehensible documents before being confined in a warehouseː 34 35 On April 11 I went to the police summons in an office on the second floor A policeman called twice and I recognized the word prefecture which came up a lot Then he told me You re going back to your country You have to sign this paper I don t read French I asked what it meant but the policeman said You have to sign it it s legal So I signed And I waited An hour and a half later I was taken by van to a warehouse in La Joliette I stayed there for six days In this warehouse with its barred windows there were fifty to sixty people including two women We slept on bunk beds We were guarded by six or seven uniformed policemen On April 16 at 1pm I was taken in a van to the Sete police station with five other Moroccans who were to be deported like me aboard the cargo ship Agadir At around 9 30pm the police came to collect my companions They left me behind But at around 10pm they told me You can go to Marseille you re free Said Bennia was released on April 16 by the Prefecture of Police s order This information is evidenced by the margin entry of his name in the register for the Arenc center Published photographs in La Marseillaise on April 19 1975 establish detention activity in the warehouse 29 36 elevating the incident to a national level 27 35 On April 22 1975 the Ministry of the Interior attempted to dispel the controversy surrounding Arenc prison by denying the existence of a secret center It stated that Arenc was actually a transit center that had been legally established in 1964 and housed individuals who were denied entry into France foreign nationals who had received an administrative expulsion order and illegal immigrants 37 38 However neither Mohamed Cherif nor Said Bennia fell under these categories 19 Following this a collective against Arenc prison was formed in Marseille The presence of a contentious detention facility in Paris is brought to light 39 A Marseilles resident Salah Berrebouh was sent to Algeria and barred from attending court proceedings however he later clarified the details of his deportation to the judge once he returned to France 40 41 Berrebouh filed a complaint against X for an unlawful arrest unjustified confinement and deprivation of liberty 42 He was subsequently released without charge 43 44 Berrebouh s case was dismissed in December 1978 45 In late April 1975 Minister of the Interior Michel Poniatowski defended the center s existence disregarding police custody regulationsː 40 There s no mystery or drama This is a temporary accommodation center for foreign nationals who have been refused entry The fact is and this is why I have taken steps to open up additional appropriations that the accommodation conditions were inadequate On April 30 1975 during a session of the National Assembly Jean Lecanuet France s Minister of Justice stated that there were no detention centers in France clarifying that the transit center was not a clandestine facility However he avoided answering a question from Paul Cermolacce a Communist deputy from Bouches du Rhone who inquired about why the public prosecutor s office had opened an investigation 46 The Syndicat de la Magistrature deemed the center completely illegal due to its clandestine nature and demanded its closure However their efforts proved to be unsuccessful 47 48 Gustave Essaka a Cameroonian national who had been detained in the center for almost a month without an arrest warrant or conviction was eventually deported and returned to Marseille before filing a complaint 49 50 The apparent legality of detention is once more in doubt when Enrico Fernandez Rodriguez a Spanish detainee is admitted to the detainee ward at Hopital de la Conception fr on May 17 after attempting to escape and injuring himself The public prosecutor s office decides to transfer Rodriguez to the main ward despite the lack of judicial supervision over him It is worth noting 19 51 52 that Rodriguez was eventually released from the hospital On May 29 1975 Judge Locques conducted a search of the center in response to complaints of sequestration The Syndicat des avocats de France expressed satisfaction with the search 53 54 Prior to the judge s arrival the guards received instructions to release a family with six children 55 Although Judge Locques deemed the complaints to be well founded the Aix en Provence public prosecutor s office sought the dismissal of the case 56 In 1977 the case was referred to the Criminal Division of the French Cour of Cassation 57 which implicated the Marseille Prefect of Police 58 Following this the Interior Ministry could no longer deny the existence of Arenc and attempted regulation by issuing a circular on November 21 1977 and a decree in December 1978 58 Finally the civil parties were dismissed on November 14 1978 59 60 On June 14 1975 approximately one thousand people gathered in Marseille for a demonstration demanding the immediate closure of Arenc prison and the indictment of those responsible The event was organized by the Committee for the closure of Arenc prison according to which around one thousand people attended while the police estimated the number to be 550 61 Protest declined during the 1975 summer months but in September it was reignited by the release of the book Une prison clandestine de la police francaise Arenc by Alex Panzani a journalist for La Marseillaise who was involved in the investigation 62 Legislative aftermath editAt a National Assembly session on November 24 1976 Interior Minister Michel Poniatowski addressed Communist deputy Paul Cermolacce s concerns about the Arenc center citing it as a more humane alternative to prison Poniatowski stated that under article 120 of the penal code individuals could be sent to prison but to avoid harsh conditions they are instead sent to the Arenc accommodation center 63 64 The Barre administration fr endeavored to establish a legal basis for this practice retrospectively via a circular dated November 21 1977 which proposed termination of employing the Arenc center and substitution with confinement in a penitentiary establishment for a period not exceeding seven days 65 However the circular was nullified by the Conseil d Etat on a matter of form 66 67 On December 9 1978 the government enacted a decree restricting detention to the time strictly necessary for the effective execution of the expulsion 68 69 Protests persisted throughout the streets of Marseille 70 In early 1979 Interior Minister Christian Bonnet proclaimed a new administrative detention law permitting detention for a maximum of seven days that could only be extended by court order 67 However the bill faced severe opposition from legal experts and members of the French National Assembly and Senate Opposition deputy Raymond Forni cited article 66 of the Constitution stating that no one may be arbitrarily detained and voiced his objections Article 3 of the bill permits the detention of foreigners who have been denied permission to enter or reside on French territory 69 The sole intention of this provision is to legitimize the arbitrary practices carried out in centers like Arenc The Constitutional Council invalidated the law on January 9 1980 citing that individual liberty can only be safeguarded if the judge intervenes as soon as possible 67 However detention was still deemed justifiable under the December 9 1978 decree 69 Finally Gaston Defferre proposed a law that was passed on October 29 1981 after Francois Mitterrand 69 was elected This legalization of detention was the paradoxical result of activist activity against Arenc 71 In 1999 Sixte Ugolini commented on the ongoing tightening of detention laws since Arenc was exposed to the publicː 72 France has simply legalized this lawless situation and for foreigners nothing has changed The interpretation of the law applied to them continues to reflect our society and the xenophobia that characterizes it Epilogue edit nbsp Le Canet detention center fr The European Committee for the Prevention of Torture published a report in 1996 exposing the dire living conditions caused by the deteriorating state of the Arenc warehouse 73 In 2006 the Council of Europe issued another report corroborating these findings 74 The responsible party remained in their position until 2006 The Arenc warehouse was replaced by a new building located in the Canet district of the 14th arrondissement 75 However the public appeared indifferent 76 towards this development As soon as the new center opened the Controleur general des lieux de privation de liberte fr which serves as the French national watchdog for places of deprivation of liberty noted that the accommodation conditions were unacceptable 77 The Arenc warehouse was eventually demolished in 2009 76 and its location now serves as a parking lot for heavy goods vehicles on the port quays 76 In 2013 the Hangar J1 fr held the Marseille Provence 2013 a significant exhibition about the Mediterranean and the beginning of a random voyage sic 78 which did not mention this controversy 79 Since 1978 approximately 100 000 individuals including young children have been detained at Arenc 1 80 81 According to a report by Mediapart Said Bennia who was born in Marseille was arrested by the police in April 1975 and detained at Arenc He was expelled 15 times with the most recent occurrence taking place in 2000 before being admitted to a psychiatric ward 29 82 The archives of the facility were deposited in 2007 and will be open for consultation at the Bouches du Rhone departmental archives fr in 2057 References edit a b c d e f g h i Naylor 2015 a b c Clochard Olivier Lemoux Julie April 18 2017 Voyager d Alger a Marseille Retour sur cinq decennies de dispositifs relatifs aux controles des migrations L Espace Politique in French 31 doi 10 4000 espacepolitique 4261 ISSN 1958 5500 Retrieved August 27 2020 Battegay 2014 p 25 The memo from the Bouches du Rhone prefect s office September 25 1964 AbdR quoted by Ed Naylor uses the term hebergement les familles devront etre conduites au center d hebergement d Arenc en vue de leur rapatriement Samson Michel July 26 2001 Visite a la prison d Arenc reconvertie depuis 1964 en centre de reconduite a la frontiere Le Monde in French Archived from the original on August 30 2020 Battegay 2014 p 24 Battegay 2014 p 28 M Grandval l immigration algerienne n est pas suspendue mais regularisee Le Monde fr in French April 13 1964 Archived from the original on August 13 2020 Spire Alexis 2005 Etrangers a la carte l administration de l immigration en France 1945 1975 in French Grasset ISBN 2 246 65801 2 OCLC 419570774 a href Template Cite book html title Template Cite book cite book a CS1 maint location missing publisher link Battegay 2014 pp 30 33 Battegay 2014 p 33 Battegay 2014 p 35 Battegay 2014 pp 40 43 Cohen Muriel 2012 Regroupement familial l exception algerienne 1962 1976 Plein Droit in French 95 4 19 doi 10 3917 pld 095 0019 ISSN 0987 3260 Archived from the original on August 26 2020 Battegay 2014 pp 37 40 a b Panzani 1975 p 82 a b Battegay 2014 p 53 Le batonnier de Marseille et le centre de retention d Arenc Le Monde in French February 15 1998 Archived from the original on August 26 2020 a b c d e f Panzani 1975 Baillon Jean Claude April 29 1975 Un immigre heberge au Centre d Arenc tente de se suicider Le Provencal in French Naylor E September 1 2013 Un ane dans l ascenseur late colonial welfare services and social housing in Marseille after decolonization French History 27 3 422 447 doi 10 1093 fh crt052 ISSN 0269 1191 Fischer Nicolas 2015 De l informalite a la transparence Institutionnalisation et statut de la critique dans les reformes de la retention administrative des etrangers en France Deviance et Societe in French 39 4 455 doi 10 3917 ds 394 0455 ISSN 0378 7931 Archived from the original on September 29 2020 Duport Claire 2019 L ame missionnaire Le role de l ATOM Vacarme in French 89 4 40 doi 10 3917 vaca 089 0040 ISSN 1253 2479 S2CID 213738199 Archived from the original on February 3 2023 Battegay 2014 pp 50 57 Piteuses explications de M Poniatowski La Marseillaise in French April 23 1975 Fischer Nicolas 28 June 2017 Un enfermement de police dans un Etat de droit L institutionnalisation problematique de la retention administrative 1975 2016 Gouvernement en question s in French ENS Editions ISBN 978 2 84788 908 6 Archived from the original on September 29 2020 a b c d e Des detentions arbitraires seraient pratiquees pres de Marseille Le Monde in French April 21 1975 Archived from the original on August 26 2020 Panzani 1975 pp 14 15 a b c d Bertrand 2020 a b Ugolini 2009 pp 49 50 Battegay 2014 pp 97 98 Battegay 2014 pp 95 96 Battegay 2014 p 112 Le Marocain disparu raconte Le Provencal in French April 20 1975 a b Le temoignage d un ressortissant marocain confirme l existence d un centre clandestin de detention Le Monde in French April 22 1975 Archived from the original on August 27 2020 Battegay 2014 p 99 Le ministere de l interieur dement l existence d un centre clandestin d hebergement a Marseille Le Monde in French Archived from the original on August 27 2020 Battegay 2014 p 101 Une prison ignoree Le Monde in French May 3 1978 Archived from the original on August 27 2020 a b Tentative de suicide au centre d hebergement d Arenc Le Monde in French April 30 1975 Archived from the original on August 26 2020 Panzani c Alex April 29 1975 Graves rebondissements dans l affaire de la prison clandestine La Marseillaise in French Un jeune algerien porte plainte pour sequestration arbitraire Le Monde in French May 7 1975 Archived from the original on December 31 2022 Panzani 1975 pp 84 85 Battegay 2014 p 102 Affaire du centre d hebergement d Arenc La chambre d accusation de Lyon deboute M Salah Berrebouh de sa plainte pour detention arbitraire Le Monde in French December 7 1978 Archived from the original on December 31 2022 Battegay 2014 pp 104 105 Le syndidat de la magistrature demande la fermeture immediate du Centre d hebergement d Arenc Le Monde in French May 5 1975 Archived from the original on August 27 2020 Panzani 1975 pp 98 100 J C May 9 1975 Un refugie politique camerounais affirme avoir ete sequestre pendant pres d un mois Le Monde in French Archived from the original on December 31 2022 Battegay 2014 pp 103 104 Ugolini 2009 p 54 Battegay 2014 p 107 Le centre d hebergement d Arenc a ete visite par le magistrat charge d instruire une plainte pour detention arbitraire Le Monde in French May 31 1975 Archived from the original on August 27 2020 Panzani b Alex May 30 1975 Perquisition du juge d instruction au centre d Arenc Le Monde in French Battegay 2014 p 108 Le parquet requiert un non lieu a propos du centre d hebergement d Arenc Le Monde in French November 15 1976 Archived from the original on August 27 2020 L affaire du centre d Arenc renvoyee devant la Cour de cassation Le Monde in French January 7 1977 Archived from the original on August 27 2020 a b Fischer Nicolas 2015 De l informalite a la transparence Institutionnalisation et statut de la critique dans les reformes de la retention administrative des etrangers en France Deviance et Societe in French 39 4 doi 10 3917 ds 394 0455 ISSN 0378 7931 Archived from the original on September 29 2020 L affaire du centre d hebergement d Arenc La chambre d accusation de Lyon deboute M Salah Berrebouh de sa plainte pour detention arbitraire Le Monde in French December 7 1978 Archived from the original on August 27 2020 Battegay 2014 p 116 Battegay 2014 pp 108 109 Alex Panzani Une prison clandestine de la police francaise Arenc Le Monde in French September 26 1975 Archived from the original on August 27 2020 M Poniatowski justifie l existence du centre d Arenc Le Monde in French November 26 1976 Archived from the original on August 27 2020 Battegay 2014 p 117 Zavarro Maurice December 30 1977 Lettres de cachet Le Monde in French Archived from the original on August 27 2020 Non a Arenc Le Monde in French July 10 1978 Archived from the original on October 4 2021 a b c Gilles Lhuilier 2007 Autrement ed Essai de definition l institution juridique des camps Olivier Le Cour Grandmaison ed Le retour des camps Sangatte Lampedusa Guantanamo in French pp 15 29 Archived from the original on August 27 2020 Boucher Philippe July 20 1978 La detention des etrangers frappes d expulsion Un nouveau decret en preparation Arenc et Pyrrhus Le Monde in French Archived from the original on December 31 2022 a b c d Spire 2001 Manifestation pour la suppression du centre d Arenc Le Monde in French February 14 1978 Archived from the original on August 27 2020 Fischer Nicolas 2009 Jeux de regards Surveillance disciplinaire et controle associatif dans les centres de retention administrative Geneses in French 75 2 45 65 doi 10 3917 gen 075 0045 ISSN 1155 3219 Archived from the original on September 29 2020 Sauder Regis Lima Pedro November 1 1999 Arenc inhumaine antichambre du depart Le Monde diplomatique in French Archived from the original on August 30 2020 Comite pour la prevention de la torture May 14 1998 1996 Rapport du CPT sur sa visite en France du 6 au 18 octobre Ban Public le portail d information sur les prisons in French Archived from the original on February 3 2023 Justice prison immigration un rapport du Conseil de l Europe accable la France Le Monde in French February 12 2006 Archived from the original on October 4 2021 Pour faire des cranes CQFD in French Archived from the original on April 5 2008 a b c Battegay 2014 pp 143 144 Centre de retention administrative du Canet a Marseille PDF cglpl fr in French October 15 2009 Archived from the original PDF on August 27 2020 Battegay 2014 p 150 Bategay et al note that no one in the Marseille Provence 2013 programming team seems to have grasped the irony of the expression random journey Rotman Charlotte September 20 2000 Un clandestin de 4 ans en zone d attente Liberation in French Archived from the original on August 23 2020 Un enfant tamoul de quatre ans retenu au centre d Arenc a Marseille Le Monde in French September 20 2000 Archived from the original on October 4 2021 Latif Algerien marseillais est menace d une neuvieme expulsion Le Monde in French December 18 1999 Archived from the original on October 4 2021 Bibliography editPanzani Alex 1975 Editions Maspero ed Une prison clandestine de la police francaise in French Arenc ISBN 2 7071 0773 5 OCLC 2122419 a href Template Citation html title Template Citation citation a CS1 maint location missing publisher link Spire Alexis 2001 Retention une indignation oubliee Plein Droit in French 50 3 20 doi 10 3917 pld 050 0020 archived from the original on August 27 2020 Arenc le matin des centers de retention Enquete sur l enfermement des etrangers a Marseille de 1963 a 2006 Z Revue itinerante d enquete et de critique sociale in French vol 2 no 2 pp 14 25 October 31 2009 doi 10 3917 rz 002 0014 ISSN 2101 4787 archived from the original on February 3 2023 Ugolini Sixte 2009 Autres temps ed Derriere le barreau dans les coulisses de la justice Au secours le droit La prison d Arenc in French Autres temps ISBN 978 2 84521 376 0 OCLC 690401966 Battegay Alain 2014 Projet Lieux a memoires multiples et enjeux d interculturalite le cas de deux lieux en cours de patrimonialisation Montluc prison Lyon and the Arenc detention center Marseille in French archived from the original PDF on August 27 2020 Naylor Ed March 2014 Le center d Arenc 1963 2006 du refoulement des heberges a la retention administrative PDF researchportal port ac uk in French archived from the original PDF on August 27 2020 Naylor Ed 2015 Arenc le premier center de retention etait clandestin Plein Droit in French 104 1 32 36 doi 10 3917 pld 104 0032 archived from the original on August 27 2020 Lanux Gerard August 17 2017 Marseille Arenc une plaie toujours vive dans le cœur des etrangers La Marseillaise in French archived from the original on August 27 2020 Bertrand Olivier April 26 2020 L entrepot clandestin de Marseille ou la France enfermait les etrangers Mediapart in French archived from the original on August 27 2020See also editExternal links edit External images nbsp Centre de Detention de Marseille Arenc Jose Nicolas gettyimages archive nbsp Arenc detention center photographed by journalists on April 19 1975 archive See this location on Google Street View archive Retrieved from https en wikipedia org w index php title Arenc affair amp oldid 1209803447, wikipedia, wiki, book, books, library,

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