FRANCE - Jerome Hipolito was on his way to work when he was stopped by police authorities in Beausoleil, a small city in Southeastern France.

It is 18 kilometers from the French border and it adjoins the Principality of Monaco.

Hipolito was asked to produce an identification card. Like many Filipinos sans legal right to remain in France, he avoided producing any form of identification but was left with no choice, as pressure from persistent apprehending authorities mounted.

“Wala akong maipakita kinuha yung bag ko kinalkal at meron silang nakuhang isang papel na nandun yung address. Napilitan na akong ibigay yung passport ko para wala ng maging problema kasi nandito ang mga kapatid ko at mga pamangkin kaya ibinigay na naming yung passport. Pagkakuha ng passport isinama na nila ako sa detention center,” said Hipolito.   

He was detained for 2 days while his case was being heard.

“Dinala ako sa tribunal. So nung nasa hearing na kami, meron palang inilabas na law ang European Union (EU) para sa mga stranger, at ito ang ini-adopt sa akin ng abogado kong si Attorney [Joseph] Cicolini, kasama ng Human Rights group. Ito ang nakapag palabas sa akin sa detensyon,” explained Hipolito.

Hipolito’s legal representative, Atty. Cocolini, revealed he has argued in the court on the basis of an EU ruling stipulating the "principal absence of controls at internal borders." The EU Court of Justice adopted in the 2006 Schengen Borders Code Regulation the abolition of controls at internal borders and maintains police competences in the member states “in so far as the exercise of these competences does not have an effect equivalent to border controls”.

Under the French legislation, however, identity control is allowed within the 20 kilometer radius of the border. Hipolito was randomly checked within the 20-kilometer area stipulated in the French law. But Cicolini said the identity controls under the French legislation was overruled by the EU border control law, which covers all 25 European member countries under the Schengen Agreement.

Cicolini also pointed out that the "checks, irrespective of the behavior of the person, concerned" is a violation of human rights. Hipolito posed no danger. He also did not commit any crime. In view of this argument, Hipolito was released.

“[The] European Court of justice has declared that there cannot be any more border control inside the European Union. This decision has been confirmed from the French Supreme Court from 29th of June. In reality, this law has existed for a long time. But the French didn’t want to apply it. Now, the French (government) must apply it to every foreigner near the border,” said Ingred Verhagen of human rights group CIMED. The group was instrumental in the release of Hipolito.

France recently unveiled a bill to toughen immigration rules against illegal immigrants and penalties against those employing foreigners without work permits.

In Cote D’Azur, France, the Filipino group that helped Hipolito fight his case is planning an information campaign drive so that Pinoys get to know more about border control and human rights laws in their respective areas. With Danny Cabellon, ABS-CBN Europe News Bureau