Introduction
A Dossier by Saxon Refugee Council
Compiled by „Reto“ Project Office
1 3,377 people were deported by theIntroduction State of Saxony in 2016.
Ever since Saxon Refugee Council documents human
rights violations in the course of deportations, the NGO TABLE OF CONTENTS and others were forced to observe how one human right after the other was levered out. Due to the relentless pace Introduction 03 of deportation, stories like those described here just need Deportation Problematized 05 to be told.
Legal Tipps 14 In that year, Saxon Refugee Council and other NGOs Deportation and Custody 27 were forced to document the violation of one human Press Reports 31 right after the after, following th relentless pace of the Foreigners’ Departments. In 2017 we publicly want to Minor Inquiries 34 document those human rights violations and critically Start to Act! 38 accompany them. The press release that accompanied Local Counseling Centers 39 the publication of this dossier can be found here. Individual Cases 42 Press Releases 48 We already had to document the separations of two families for the year of 2017. Another family was Table of Links 50 separated during a Dublin deportation. Much more families will be separated already. In the meantime, it turned out that the public gets to know only about “spontaneous” family separations.
Starting with a political problematization of deportations followed by legal tipps up to individual cases you can inform yourself here on “Blackbox Deportation” and its practice in Saxony.
Editor: Sächsischer Flüchtlingsrat e.V. / Project Office Reto /Dammweg 5 / 01097 Dresden Text and Editing: Mark Gärtner und Thomas Hoffmann, Thanks go to Michaela Ferber, Christina Riebesecker, Steffen Miroll and Patrick Irmer Design: Julia Hartmann, Steffen Miroll, Mark Gärtner English Translation: Mark Gärtner
2 Introduction
to vomit and suffocated on his vomit.” Introduction (Oulios 2015: 51f) 1. Violence and deportation go hand in “The 40-year old mother Joy Gardner hand. Irregular reports about single suffocated in her apartment in 1993 after cases cause a short outcry but quickly she was tied and gagged by the police disappear in public discourse. Only, those men responsible for her deportation [as are not single cases. Deportations are happened in Great Britain, SFR]. Hands enforcement measures, enforcing means, tied behind the back, tied feet, police men something needs to be executed against who push down the head or create the will of another person. Against the massive pressure on the chest of the will of people who do not want to go people affected – measures like these and back. Who do not want to go back so similar ones repeatedly caused people’s badly that they are willed to commit death in the course of their deportation. suicide even if they do not see any other As it happened in the case of 27-year old option in their situation. The freelancing Nigerian Samson Chukwu dying in a author Miltiadis Oulious presents Swiss deportation camp in 2001 or in the numbers from Great Britain. 57 people case of 31-year old Christian Ecole Ebune under threat of deportation committed in the terminal of a Budapest airport a suicide in that country only between year before. Both of them had tried to 1989 and 2006 (cf. ebd.). Not all German escape from the authorities. The 27-year states with detention centers for old Palestinian Khaled Abuyarifeh deportation have statistics like these. On succeeded in preventing his first the basis of the numbers of those who do, deportation. He protested what caused one can speak of at least eight suicide the pilot to reject Abuyarifeh to board the attempts and 17 self-injuries in those plane. When Swiss officials tried to prisons ever since 2012. They expose the deport him the second time they tied him unstable situation of innocent people, to a wheelchair and gave him additional violently detained for the purpose of sedatives. In an elevator Abuzarifeh had their deportation (cf. BT-Drs. 18/7196 : 108ff)
1 Original: „Die 40-jährige Mutter Joy Gardner Kameruner Christian Ecole Ebune ein Jahr zuvor im erstickte 1993, nachdem die mit der Abschiebung Abfertigungsbereich des Budapester Flughafens. beauftragten Polizisten die Jamaikanerin in ihrer Beide hatten versucht, vor den Beamten zu fliehen. Wohnung gefesselt und geknebelt hatten [so Der 27-jährige Palästinenser Khaled Abuzarifeh geschehen in Großbritannien, Anm. SFR]. Auf dem hatte seine erste Abschiebung verhindern können, Rücken gefesselte Hände, Fesseln an den Füßen, weil er protestierte und der Pilot sich daraufhin Polizisten, die zusätzlich den Kopf nach unten weigerte mitzuwirken. Beim zweiten Versuch hebeln oder massiven Druck auf den Brustkorb der hatten Schweizer Beamte ihn an einen Rollstuhl Betroffenen ausüben – solche und ähnliche gefesselt und ihm zusätzliche Beruhigungsmittel 3 Maßnahmen führten wiederholt zum Tod bei verabreicht. Im Fahrstuhl am Flughafen musste Abschiebungen. Bei dem 27-jährigen Nigerianer Abuzarifeh sich übergeben und erstickte am Samson Chukwu, der 2001 in einem Schweizer Erbrochenen.“ (Oulios 2015: 51f) Abschiebelager starb, ebenso wie beim 31-jährigen
Introduction
many smaller, but even more complex Also Saxony deported 3.377 people in and multifaceted question result out of it, 2016. And in Saxony too, violence was we want to show people what not avoided. Saxon Refugee Council deportation means. We want to expose perceived the year of 2016 as incredibly the problems that come with deportation brutal. The documentation of the council and to present the right to move and the and other NGOs mirrors concrete human right to stay for everyone. We want to rights violations, giving that perception give legal advice to people who want to substance. Various actors from civil stay and show them where they could get society noticed how one after the other support. We want to present the stories moral and legal line was crossed step by of people who had to endure deportation. step. In the relentless pace that was We want that people think about what dictated by the deportation measures, happened to 3.377 people who lived in families were separated, pregnant and Saxon cities, towns and villages until sick people were deported and kids were 2016. So people might ask themselves if handcuffed. Our point is: those are not the price that is paid here could be too single cases. The violence that is high. And who may ask themselves for expressed in Saxon deportation practice what a price is being paid here actually? as well is the answer to the political For security or for the nation already? question raised by escape an migration. And where does the first start and the Deportations, the concept of “Safe last end? Countries of Origin” as well as the externalization of EU-borders all The political rhetoric as well as the together are measurements that speak concrete measurements in legislation the language of those who want to and its enforcement – all of that currently prevent people from escaping. We do not speaks a different language. US-president hold those answers for tenable. We hold Donald Trump’s executive orders on those answers for only temporary asylum and migration policy are the only measures who only postpone the answer most prominent examples. But other to that question. We know what those voices are needed who speak another measurements do to people, everyone language. This must be possible in knows that. The only question is if the Saxony too. This is why we will publicly individual wants to look at what happens document and critically supervise the in the countries of origin and on the human rights violations of the year of escape routes. And at what happens 2017 here on our website. We call upon again and again in Saxony as well everybody who shares our position to whenever people are taken out of their position him*herself against deportation, apartments in the middle of the night. We to participate in exposing its faults and to want to enable people to look at it with support people under threat of this dossier because we want to give deportation with all options available. another answer to the political question We want the right to move to become of escape and migration. And exactly reality. because the question is so big and so
4 Deportation Problematized
knowing exactly, how many human Deportation rights violations like these were enforced Problematized in Saxony. In April 2017, Leipziger Volkszeitung newspaper reported on the deportation Saxon Deportation Practice of 17 people from Leipzig/ Halle airport to Tunisia. According to the article, the
deportees’ body holes were checked – in The current deportation practice of order to prevent self-injuries and/ or Saxony is rigid and brutal. It is suicide attempts. Thereby, deportation characterized by a number of human only works if it ensures sheer survival. rights violations. Until now, we The human right to physical integrity is documented separations of families, the suspended for 17 human beings so in the deportation of sick people possessing aftermath one can say deportations are certificates confirming their illness and enforced in a humane way. inability to travel, the deportation of pregnant women as well as the captivation of minors. All of that Human rights violations like these happened over the course of the last year. happen again and again and every time when deportations are carried out. Often
the claim is raised, those human rights In February 2017, Saxon Refugee violations would be an exception of an Councul reported on a new level of enforcement act that „concludes due escalation concerning family process of law“. But this is not the case, separations. Even though a mother was those violations are the rule, they are diagnosed an obstacle for deportation by inherent to deportations. Hence, a public health officer, her family deportations are always an act of members were deported. From the violence, carried out by the state. Peope perspective of Refugee Council, the are being deported to a country where deportation was illegal. Put under they do not want to live. If one adds the pressure like this, the mother requested political will to produce high deportation “voluntary return”. Even more so: this numbers as it is the case in Saxony, kind of cold-bloodedly planned family tragedies in Saxon cities and separations have never appeared in the municipalities are unavoidable. 1.725 answers of the state government to people have been deported in 2015. In minor requests. Only the family 2016, 3.377 people were affected. In the separations that were enforced first quarter of 2017, 579 people were ‘spontaneously’ were indicated. This deported. explanation lacks every logic since On May 17 th 2017, Saxon Parliament Ministry of the Interior as well as decided upon the law regulating custody Foreigners’ Departments plan for the purpose of deportation. From deportations way ahead and the now on, authorities are enabled to take separations were consciously calculated. people into detention without them This also means: there is no way of
5 Deportation Problematized
having committed a crime in order to labeled as “Safe Third States”, though ensure their deportation (more on that their citizens enjoy freedom of under “Information on Detention for the movement within the EU. Solely in the Purpose of Deportation”). course of applying the Dublin Saxon Refugee Council supports the Regulations deportations from one EU- Right to Stay for All and thereby the Right to Free Movement. This involves us fundamentally opposing deportations.
… Deportation
Often, deportations are described as blackbox. Dozens of police officers stand in front of apartment doors, usually in the member-state to the other take place. middle of night. The people about to be Also, there are states who de facto are deported are exposed to mental stress to treated as “safe” by the Federal Agency the uttermost limit. Translation service is for Migration and Refugees (BAMF). provided in only a few cases by People of Algerian, Moroccan or Tunisian Foreigners’ Departments and the police. citizenship have a remarkably low Within a short period of time, the people chance to receive protection in Germany, about to be deported need to pack their most often their decree (“Bescheid”) is belongings, are transported to assembly issued as “obviously unfounded” by the points and brought to separate airport BAMF. Only, neither the states of the terminals. There they board the plane Western Balkans nor the Maghreb-states aside from tourist traffic, aside from the are safe really. The first officially and public. The impact of that enforcement socially exclude and persecute Rom*nja, act on the people to be deported is the same holds for the case of LGBTIQ- disastrous. If children are affected, the people in the states and societies of the night of deportation will be remembered Maghreb. The BAMF would not classify as decisive point in their biography. the Maghreb-states as safe either. A BAMF-report certifies that, documented and cited by Zeit newspaper. According ‘Safe Countries of Origin’ to BAMF-internal guidelines dealing with countries of origins, the agency assumes
that in the whole of Algeria terror People from the so-called “Safe Countries organizations operate, cause attacks and of Origins” are mostly affected by gunfights. In Morocco, torture is deportations. According to German law, executed by authorities. For Tunisia, the that category applies to the states of agency would not want to preclude Albania, Bosnia and Herzegovina, Ghana, systematic persecution of specific Kosovo, Macedonia, Montenegro, Senegal groups. and Serbia. The EU-member-states are
6 Deportation Problematized
Individual reasons of escape disappear are being supported with technology and behind the term of the “safe country of knowledge to close their borders today origin”. Suddenly, deportation of people already, without a deal like the one to these states appears to be legitimate. between EU and Turkey even to be Here it is not only the word “safe” that required. This way the escape routes borders cynicism. Also, for many people become more and more dangerous. the origin from one of those countries is However, people dare to escape. based only on their citizenship. They spent a major part of their life, if not all of it, in Germany or in any other of the EU- The inherent fault of the nation state member-states. „Origin“ does not have anything to do with the state that issued Deportations, the concept of “safe their passport. countries of origins” as well as the EU Not the number of the dead, the border regime are only three examples, number of the arriving is supposed to as roughly described as they were in this decrease text, how EU-member states want to Deportations are only one appearance of prevent people from escaping. For the state enforcement that contradicts the price of dead and injured, of desperation position of the right to stay for everyone. and traumatization. We do not think of The border regime of the EU is another this situation as bearable. The flaw in the example. The dying in the Mediterranean construction of the nation state becomes did not only begin when 4.220 people apparent: it simply cannot meet the drowned in 2015 or 5.022 more did so in requirements that are raised by human 2016. It began a long time ago already. rights. In the end, only citizens of the Just the number of the arriving had to nation will enjoy protection by the nation increase to a level where the societies, state and will make use of their right to especially those in the north of Europe, stay unconditionally. Nation and state seriously dealt with the questions asylum are not united stably and never did so. and escape raise. The conclusion There has always been migration, people however, was not to reduce the number always set off, looking for a better life. of dead people. No, all purposeds aimed Today, intercontinental escape and to reduce the number of the arriving migration movements stretch over seas survivors so that the questions of asylum and deserts and pass border after border, and escape would disappear out of public often to a high price. Modern information discourse again. With all effort the EU and communication technology makes it tries to externalize its borders to the possible. The arrival of the escaping in periphery. The Union does not shy away Europa is widely described as “refugee from making contracts with crisis”. But the people who pass borders dictatorships so that they would prevent are not in crisis, they are in bare their own population from escaping necessity. Only, necessity may be (comprehensive information on that on remedied and mitigated under the the migration control platform published condition that the political will to do so is by taz newspaper. Countries like Tunisia existent. A crisis in contrast is
7 Deportation Problematized
characterized by the high risk every concept has been successful due to the decision holds. People crossing borders world map being ordered by nation expose the crisis of the nation states, states. Because of the same modern who for the most part still have a self- communication technologies that enable understanding as liberal and people to escape over continents and a representative democracies. The lot more of secured knowledge, a lot of refugees do that by simply appearing ignorance is required to close one’s eyes physically in the territories of those in front of the people on the escape states, making apparent the routes and the conditions in their contradiction between the universal countries of origins. values of democracy and human rights Answers rather than temporary and the particularity of exclusive nations. measures Although universal rights, participation in the representative system and the liberal understanding of the state of law A position inheriting the right to stay for in the interest of the individual apply to everyone rejects the concept of an the citizens, they are not applied to the homogeneous nation as not usable for others, to those who shall not belong. finding the answer to the most important However, the remarkable thing, not only question raised of the 20th century. The since 2015, is that the refugees are not question of escape and migration finally granted the right to move, they simply needs to be answered for it is the 21st take it. century already. Deportation and externalization of borders are no answers to these questions, they are States are forms to organize social lethal and only temporary measures. relations. Those who prefix the nation to Deportation and externalization of the state do not act in the interest of borders happen whenever states are universal rights and liberal state of law. abused for the ideology of the nation and Those who propagate the nation want to are no longer perceived as orders of get rid of these accomplishments: societal relations. In this sense, the recognition of the single case and rights slogan “Right to Stay for Everyone” is that apply universally. Those rights are both political demand and political the points the individual can refer to. challenge. Because, as Miltiadis Oulios Refugees are those who cannot rely on argues in “Blackbox Deportation”: their individual case to be recognized. They are unprotected in the sense that human rights, universally composed, are “[…] we [need] to change perspective: at refused to them and thereby are violated. the very beginning of all efforts should Simply by the dynamics of migration that not stand the begging for humanity any crosses borders, the currently most longer. Instead, the focus should be on strongest concept of societal relations – the struggle for freedom and for the the one of the static unity between nation recognition of the fact, that migrants, that and state – is being questioned on the refugees will take their right to free continent of its origin. And yes, the movement anyway, that they will
8 Deportation Problematized
exercise it. And this long before we grant it to them.” (Oulios 2015: XIV; translated • By producing high numbers of from the German original). deported people the politicians responsible want to
shape their profile in the face Chances for Change of the political opponent from the right-wing fringe. Copying the righ-radical and inhuman These words sound a lot more grand than original will not profit. CDU they actually are. Concretely speaking, never got benefit in election everyone is able to participate in whenever the party tried to exposing the inherent faults of adapt that fringe. The only deportations (we will try to present result was a strong shift of concrete options in this dossier). If rhetoric and law in the possible, one may convince him- or direction of inhumanity. herself of the disastrous situation at EU’s external borders. Change starts in the • Absolute, inalienable human mind and this change will only succeed rights, for example article 2 or when humanity in its plurality article 6 of German communicates, has conversations – when constitution, do not play any “Politik” understood as polity, politics role when enforcement and policy at the same time is applied. authorities realize political Chances for change or effect exist. The objectives. concrete case of the collective deportation to Afghanistan in December • This is a worrying 2016 was accompanied by an development. All powers outspokenly critical public. The controlling the executive addressees of that critique are the branch should take notice and German state governments. Deportations start to act, question and judge lie in their responsibility. Also the Saxon accordingly. state government could push for a more humane policy. It may do so by • The Saxon Delegate on renouncing deportations or, only as an Foreigners’ Issues needs to another example, by aiming for a judicial reevaluate his legally defined review proceeding by the Supreme Court duties. The interests of all on the ever stricter asylum laws that foreigners should lead his were passed ever since 2015. It may political acting. sound naïve considering the behavior of the Saxon Minister of the Interior, but • There should be a general stop still, the coalition consists of two of deportations! We explicitly partners. Rethinking Saxon interior demand a stop of deportations policy is urgently needed. We, Saxon to Afghanistan. The state Refugee Council, draw the following government also plans to conclusions from the individual cases we deport to the civil war country. and others made public and thereby from Saxon deportation practice:
9 Deportation Problematized
• The Saxon government stretches moral and legal borders. It is everybody’s task to point out that fact – towards refugees as well as towards Saxon public.
10 Deportation Problematized
Literatur Used that is based on necessity, on what has to be done, lays the foundation for war, for
destruction. Revolution in contrast rests Arendt, Hannah (2003): Elemente und on freedom. Freedom always needs to Ursprünge totaler Herrschaft – push for a new beginning. Antisemitismus, Imperialismus, totale Herrschaft, Piper: München (English title: Bauman, Zygmunt (1998): Globalization – Origins of Totalitarianism) The Human Consequences, Polity Press: Cambridge The human being possesses rights only when he*she is a state’s citizen and the The way globalization has served only state actually grants and enforces them. the privileged for now and how humanity Hence, human rights are downgraded to is being separated in “tourists and citizens’ rights. Those who cannot rely on vagabonds” describes Zygmunt Bauman. the state’s protection or even have to fear Only one of the mechanisms pushing in it are thrown back to being human. After that direction: the slow disappearance of Auschwitz one cannot assume that being immigration visa with a simultaneous human is the foundation of having rights increase of passport and migration any longer. Accordingly, a new right is control and trafficking. needed which is fundamentally different to citizens’ rights – the right to have „The first [the tourists] travel at will, get rights. much fun from their travel […] are cajoled or bribed to travel and welcomed → What the right to have rights exactly with smiles and open arms when they do. means is explained by → Förster, Jürgen The second [the „vagabonds“] travel surreptitiously, often illegaly. Sometimes Arendt, Hannah (2011): Über die paying more for the crowded steerage of Revolution, Piper: München (English title: a stinking unseaworthy boat than others On Revolution) pay for business-class gilded luxuries – ande are frowned upon, and, if unlucky, Arendt uses her comparison of the arrested and promptly deported, when American and French Revolution (with they arrive.“ (Ebd.: 89) references towards the Russian one) to define the desirable objective of any Förster, Jürgen (2009): Das Recht auf revolution. It is not liberation from a Rechte und das Engagement für eine regime perceived as illegitimate, the gemeinsame Welt – Hannah Arendts sheer overthrow. This is supposed to be Reflexionen über die Menschenrechte, an only negative definition of freedom, HannahArendt.net – Zeitschrift für freedom from something. Instead, politisches Denken, Nov. ’09, Ausg. 1, Band revolution is about a new beginning, 5: Berlin (English translation: The Right to creating a new order, a constitution, in Have Rights and Engaging for a Shared which the positive understanding of World – Hannah Arendt’s Reflections on freedom, the freedom to act, is being Human Rights) kept. The European understanding of URL: revolution inherents an outspokenly http://www.hannaharendt.net/index.ph destructive element. An understanding
11 Deportation Problematized
p/han/article/view/146/258 (last time tragen, dass die Menschenrechte in der visited January 15th 17) Welt erscheinen, dass sie Wirklichkeit und praktische Wirksamkeit erlangen.“ If Arendt rejects human rights because (Ebd.) they only come into effect as citizens’ rights, how then should a right to have Oulios, Miltiadis (2015): Blackbox right be effective? Arendt does not even Abschiebung – Geschichte, Theorie und want to provide a legal structure for this Praxis der deutschen Migrationspolitik, right to have rights, to draft or to Suhrkamp: Berlin institutionalize it. Because then a state would be needed again, enforcing that Deportations are the one side of asylum right only for a group within humanity. and migration policy that is consciously Again, the right to have right would be being kept away from the public. This is degraded to a citizen right. Arendt also shown by Miltiadis Oulios in this does not understand the right as a pre- comprehensive research. His purpose: to state/ natural/ God-given/ metaphysical initiate a political discussion on one. This understanding turned out to be deportations that goes beyond the of no use considering Auschwitz. Arendt outrage about the individual case perceives the right to have right as a because only that way change may guiding principle for political acting. To happen. speak out for human rights always means to be political. The condition for „Politik” Sternhell, Zeev (2010): The Anti- in its threefold meaning are interhuman Enlightenment Tradition, Yale University relations. Press: Yale
“[…] human rights [are] not owned Sternhell finds the origins of nationalist steadfastly, they do not come with birth. thought in the 18th century and […] Even more so they are the expression demonstrates the development of the of a specific humane relationship that Anti-Enlightenment tradition with its constantly needs to be renewed and organic nations, of „nation’s bodies” until taken care of. Its effect and appreciation now. Sternhell recognized a repeal of needs to be subjected to everlasting universal human rights and the state of concern. Humanity needs to ensure that law – those mechanisms that are human rights appear in the world so that supposed to protect the individual. He they become real and have practical concludes: effect.” (Ebd.) „Progress may not be continuous, history Original: „[…] die Menschenrechte [sind] may advance in zigzags, but that does not kein unverbrüchliches, qua Geburt mean that humankind must trust to verbürgtes Eigentum der Individuen […]. chance, submit to the regime of the hour, Vielmehr sind sie Ausdruck einer and accept social evils as if the were spezifischen menschlichen Beziehung, natural phenomena and not the result of die stetig erneuert und gepflegt werden an abdication of reason. To prevent muss, so dass ihre Geltung und people of the twenty-first century from Beachtung ständiger Auftrag zur Sorge sinking into a new ice age of resignation, ist. Die Menschen müssen dafür Sorge the Enlightenment vision of the
12 Deportation Problematized
individual as creative of his or her present and hence of his or her future is irreplaceable.“ (Ebd.: 443)
Vowinckel, Annette (2001): Geschichtsbegriff und Historisches Denken bei Hannah Arendt –Dissertation eingereicht am Simon-Dubnow-Institut Leipzig, Köln: Böhlau Verlag (English translation: Hannah Arendt’s Understanding of History and her Historical Thinking)
Arendt defines history in a fragmented way, that means, every person’s perspective on the world bases on his or her own experiences. His or her story (the fragments) enable people to engage in conversation and to exchange their different and plural experiences. Only out of conversation politics emerge. The experiences of the 20th century have been unambiguous for Arendt. “Hell on Earth” was realized in Auschwitz, “hell” defined as the individual made completely superfluous and thereby destined to be exterminated. Also, the possible end of humanity was demonstrated by the nuclear bombs that had been dropped on Hiroshima and Nagasaki. Considering these experiences, Arendt concludes without any doubt: humanity needs to prevent totalitarianism for its own sake by preserving its inherent skills which are plurality, conversation, acting and thereby being political. Arendt preserves her trust in humanity to always refound a political space aside of such ruinous processes.
13 Legal Tipps
inconsistencies. Also, the assisting
Legal Tipps person has got the right to ask the In Germany, the federal interviewer to raise additional questions. states are responsible for In every case the protocol should be enforcing deportations. Together with translated to the interviewee after the the state head office (Landesdirektion) interview. If the interviewer tries to the foreigners’ departments organize ignore that, insist on your right! An eye deportations under the supervision of should be kept on the translator, too. the ministries of the interior. Though They often lack professionalism. PRO until the deportation is actually enforced, ASYL comprehensively informs about the the agencies and offices have got to go a interviewing and deciding practice as long way.. well as about the quality of the official decision documents (“Bescheide”).
Currently, the agency is confronted with Preparation in the Asylum Procedure – critique in all aspects of its work. PRO The Interview ASYL and other organizations published a joint memorandum that points out fundamental deficits in the agency’s job By requesting asylum, refugees receive a and bases its critique on a number of temporary permit to stay. The asylum documented individual cases. procedure should be used already to make a possible future deportation less likely. Core of the procedure is the Also people from countries labeled as interview. Here refugees are supposed to “safe” respectively from countries with a bring up all their reasons of escape. It is low percentage of recognition should highly recommended to get in touch with prepare intensively for the interview. a local and independent counseling The interview protocol could play an center that offers legal advice. The important role in a possible, concluding counseling centers prepare for frequent process at administration court. questions, the story of escape can be told, telling the story can be practiced. This is of particular relevance since the BAMF A multilingual online leaflet published by reasons its decisions by evaluating the asyl.net informs comprehensively on the “credibility” of the interviewee (and issue of the interview. Also to be contradicts that reasoning by letting two recommended is the multilingual movie different officials interview and decide on the same issue, published by Cologne rather than one person doing both). Refugee Council and other initiatives from Cologne.
After receiving the ‘Bescheid’ We highlight the right to bring an assisting person to the interview. The assisting person has got the right to It is recommended to consider options in intervene in case the interviewer would the following order: not dissolve contradictions or
14 Legal Tipps
1. File a complaint at administration legal centers usually do not draft those court (responsible court is noted documents. A lawyer is required here, on Bescheid), if necessary, file legal advice centers support and connect another complaint at the higher and answer questions on the money administration court issue.
2. Check options resulting out of residence law When it comes to Dublin-cases (the BAMF-Bescheid indicates an 3. Check if it is worth to file a inadmissible rejection), a legal center subsequent request for asylum should be contacted in order to evaluate (see below) the chances for success of a lawsuit.
4. Check if it is worth to file a request for a hardship case at Hardship Further Options to Stay resulting out of Commission (see below) Residence Law
Filing Legal Remedies at Three questions are relevant when it Administration Court comes to checking possible residence options as they are outlined in the following: The time limit for filing legal remedies starts as soon as the ‘Bescheid’ of Bundesamt für Migration und 1. How long has the person been in Flüchtlinge was sent (date was noted on Germany? the yellow envelope. Keep it in every 2. Does the person have any case!). In the case of usual rejection or professional or educational partial rejection (i.e. subsidiary qualifications? protection was granted only for 3. Are there obstacles for example), the time limit is two weeks. In deportation? case of an obviously unfounded rejection, you’ve got only one week. The time limit as well as the responsible administration §25a Residence Law: Residence permit in court are noted on the information sheet the case of well integrated teenagers and on remedies. young adults
The remedy itself may be issued by the Conditions are next asylum legal center. Alternatively, • constant stay of four years in the responsible administration court Germany, offers a service center where one might • the visit of a school or graduation file lawsuits. from school or vocational training in the period of those four years, Additionally, the reasoning for the lawsuit needs to be handed in. Asylum
15 Legal Tipps
• that the request has been issued and needs to have basic before the 21st year in life was knowledge about law, society and completed life in Germany. • and “that it appears that the foreigner may integrate well due to previous education and life §25 (5) Residence Law: Obstacles for situation” Deportation • Also, there should not be any hints that he*she does not recognize If actual or legal obstacles for the constitutional order of deportation exist and they appear to Germany based on freedom and persist in the foreseeable future, a stay democracy. permit may be issued. There should be no §25b Residence Law: Residence Permit findings on how long the obstacles for due to Long Term Integration deportation will last. If for example the waiting period for obtaining a passport can be expected to be indefinitely long, Conditions here include condition for the stay permit are fulfilled • a constant stay of eight years in (cf. Hofmann 2016: 499) Germany, in case a minor child lives in the household, six years In case deportation has been suspended suffice. for 18 months, a stay permit needs to be issued. For this, the Foreigners’ • The person or the family should Department should not recognize any be able to cover the majority of guilt in the emigration that has not taken her*his*its living expenses by place. The Foreigners’ Department sees themselves or it should be likely guilt as given in case false declarations or that this is the case in the near deceptions about identity or citizenship future when the current situation have been made. It will also not issue the concerning education, income and permit in case obstacles for emigration family is taken into account were not removed although it would have been reasonable.
§18a Residence Law: Residence for • German language skills should be Qualified, Tolerated Foreigners at least on level A2
Under the condition that the Federal • the actual school visit needs to be Agency for Labor agrees as well as the proved in case that children live in professional qualification complies, the the household Foreigners’ Departments can issue residence permits for the purpose of occupation. The Federal Agency decides • This time, the person needs to without priority review recognize the constitutional order (“Vorrangprüfung“). That means, it will of Germany based on freedom and not check if a German or EU citizen might democracy (different to §25a!)
16 Legal Tipps
be suitable for the job. The permit may be • have to emigrate to their country issued if of origin temporarily (§10 Abs. 3 Residence Law) • a written agreement with the • one has graduated from Foreigners’ Department should vocational training or university be reached. or • Before that they need to request a • one has graduated from a foreign cut of their ten month re-entry university and has been working restriction to the day of their re- in a job that complies his*her entry. qualification in Germany for two uninterrupted years or • one has graduated from Good preparation is needed here, vocational training and has been definitely a counseling center needs to be working in his*her profession for contacted! three uninterrupted years. The §60a (1) 4 Residence Law: Letter of whole of the household’s living Tolerance for the Purpose of Vocational expenses have not been covered Training by public budget for the last year.
The so called “Ausbildungsduldung” was Furthermore, sufficient living space is issued with the “integration law” of July required, German language skills should 2016. First and foremost it needs to be be on B1/level, no deception of the said that the law defines no margin of Foreigners’ Department about aspects discretion for the Foreigners’ Office. The relevant to residence law should have department must issue the letter of taken place, there should be no contact tolerance (see below why this is often not nor support to extremist and terrorist the case in reality). groups and there should be no verdict on intentional crimes. Exceptions are fees due to crimes that can be committed only The most important condition is the start by people without German citizenship in of a qualified vocational training in the the framework of residence and asylum past or future. Although the Foreigners’ law. The exception is valid for daily rates Department actually has no margin of up to 50 or up to 90. discretion, some departments reject the request for such a letter of tolerance. In every case the department needs to IMPORTANT: Obstacles for a stay permit justify that decision. If arguing is not according to §18 Residence Law are possible, one might require the relatively high. In case a request for reasoning in written form. A lawsuit may asylum was issued and rejected and no be filed too. Contact counseling centers legal remedies can be filed anymore (i.e. and lawyers if that is the case. the request for asylum is rejected as incontestable), the people affected Another condition is that concrete measures to end the stay in Germany are
17 Legal Tipps
not in planning. This is where a loophole opens up for the state government. There First and foremost: a letter of tolerance is is no definition of what “concrete” neither a residence nor a settling permit. actually means. The Bavarian Only because of actual or legal obstacles government includes simple invitations for deportation, such a letter is issued for appointments into the definition. (§60a Abs. 2 Satz 2). There are verdicts of different administration courts that do not share that view. They are collected by PRO A letter of tolerance always has ASYL here . The states of Rhineland-Pfalz temporary character and does not and Lower Saxony obliged their protect from deportation. Usually, it is Foreigners’ Departments to apply the issued for a period of three or six months. rule in the interest of the law and the people affected. Why the issuing of “Ausbildungsduldung” often fails in §60a (2) 2 Residence Law: Letter of practice was shown in a position paper, Tolerance due to Impossibility of published by us and other state refugee Deportation councils. To be found here . It is differentiated between actual and The basis of our experiences is still not legal obstacles for deportation. Firstly, sufficient to draw a conclusion although obstacles concerning the situation in we do observe Foreigners’ departments Germany are listed. issuing the permit. • Actual obstacles of deportation if After vocational training has come to an o inability to travel (check end, the letter of tolerance shall be the advice for medical extended for another six months so one certificates below) is able to look for a job. If the job search o continuous lack of turns out to be successful, a residence passport or other papers permit according to §18a Residence Law required (e.g. visa) (see above) needs to be issued for a o interrupted traffic routes period of two years. o statelessness or people who are rejected reception
by their alleged country of Work does not protect from deportation. origin Theoretically, deportation still might be • Legal obstacles of deportation enforced. By having a job, one might o The reasons that had been argue with an even more profound checked in the asylum integration when it comes to requesting procedure and could have residence permits. It also could play a lead to the prohibition of potential role in Hardship Commission. deportation. (→ obstacles §60a Residence Law: Temporary of deportation concerning Suspension of Deportation – Letter of the situation in the country Tolerance (Duldung)
18 Legal Tipps
of destination, see text on different treating options to §60 Abs. 7 below). different illnesses in the different o Furthermore, the countries of origin. References to protection of marriage and reports from other NGOs are to be family as well as the right found there, too. With reports like on physical physical these, one might argue in the integrity, granted by the interest of the individual case. constitution. Available here . o It may be added that the
legal status of marriage does not suffice the We have noticed that local Foreigners‘ recognition as obstacle of Departments do not even issue the deportation. The family Duldung anymore. Only, the law actually needs to live in an unambiguously states that the Duldung is interdependent to be issued. Neither alternative community (cf. Hofmann documents such as 2016: 947) “Grenzübertrittsbescheinigung” or “Aufenthalt ohne Dokumente” suffice the
requirements of identity proof nor do Differentiating between legal and actual they have any legal basis in residence obstacles of deportations is difficult law. State government argues that there when it comes to obstacles concerning are reasons for a Duldung. We doubt that. the situation in the country of If a deportation cannot be enforced – also destination. A look on §60 Abs. 7 if no obstacles for deportation are Residence Law helps. These reasons have existent but rather the Foreigners’ been checked in the asylum procedure Deprtartment is simply not able to do so already on the possibility of issuing a – a Duldung needs to be issued. Even prohibition of deportation. Again, it is though the Duldung is problematic itself recommended to contact a counseling it is much more difficult to find an service and a lawyer. apartment or a job or even to open a bank account. It is questionable if a residence • Sentence 1 prohibits deportation permit according to §§25 a and b in case of a substantial, concrete Residence Law can be applied if the threat to body, life or freedom in period of Duldung was interrupted. the country of destination. Theoretically, it is still possible to suspend deportation in case that You may also check the minor request on the health situation would „Grenzübertrittsbescheinigungen“ decrease in the country of below. destination due to non-sufficient health care (§60 Abs. 7 Satz 2). This section is part of the laws §60a (2) 3 Residence Law: Letter of that were made ever stricter ever Tolerance due to Margin of Discretion since 2015. See the advice for
medical certificates below. • Swiss Refugee Support regularly A letter of Tolerance due to margin of publishs very helpful papers on discretion might be issued if urgent
19 Legal Tipps
humanitarian or personal reasons or country of origin could be a new reason. substantial public interests require the Health or psychological issues could at person affected to stay. Aside from the least provide the basis for the status of “Ausbildungsduldung”, other reasons protection of deportation. A subsequent might include surgery that cannot be request for asylum does not protect you conducted in the country of origin, an from deportation though! Different from upcoming graduation from school or the first request, you will not receive a vocational training or taking care of a temporary permit to stay for the period sick family member. There is always a of the asylum procedure. This only chance to argue with the Foreigners’ happens if the BAMF decides to evaluate Department on other reasons to be the request in depth and does not reject thought of. due to formal reasons. This is why the subsequent request should be
accompanied by an emergency appeal, Issuing a letter of tolerance due to aiming to postpone deportation. This is margin of discretion is in the public very important! The Supreme Court interest whenever the person affected rejected to let one man be deported to needs to witness at court or whenever it Afghanistan because his emergency is part of a police investigation. Neither appeal was still not decided upon. integration efforts nor pending petitions Contact a counseling center and a lawyer are considered. for both subsequent asylum request and emergency appeal. Checking the conditions for residence permits and letters of tolerance is a Hard Ship Commission complex matter. It is highly recommended to contact a counseling center and a lawyer. Similarly, the Only the members of Hard Ship foreigners’ departments are not obliged Commission are entitled to hand in to inform people affected whenever requests. It is important that there are no requirements for a residence permit or a pending legal remedies and/ or requests letter of tolerance are met. That means for a residence permit. Generally that people could get deported who speaking, all options of a safe residence actually met the requirements of §25b, should have been tried or should be concerning long-term integration. Saxon considered as not feasible. Hard Ship Refugee Council demands such an Commission will not decide on reasons obligation to inform. that have been checked by an agency, department or court. Proven integration progress is of first priority. Language Subsequent Request for Asylum skills, economic status as well as social and cultural integration are taken into account. Under some conditions, a subsequent request for asylum is worth to consider. Only, new reasons should have emerged The head of Saxon Hardship Commission that haven’t been evaluated by the BAMF is the Saxon Delegate on Foreigners’ until now. A changed situation in the
20 Legal Tipps
Issues. He has got high influence which group membership receive residency. request are accepted or decided upon in Reception results out of humanitarian a positive way. Ever since the incumbent reasons or reasons concerning delegate came into office, we have been international law or whenever the noticing, the interests of foreigners political interests of the Federal Republic hardly play a role for his office. Saxon of Germany shall be preserved. Refugee Council as Member of Hardship Commission is disillusioned by the development the commission has Stop of Deportation of Rom*nja undertaken ever since 2014. The almost concluded deportation of a family from Saxon Refugee Council demands such a Waldheim in December 2016 caused residency from Saxon state government insecurity. Their case was pending at in the case of the Rom*nja, mostly Saxon Hardship Commission. Immediate escaped from the Western Balkans. The return measures should be stopped situation of Rom*nja in the Western according to §4 Abs. 5 of Saxon Hardship Balkans is characterized by persecution Commission Law. Only the personal and discrimination. Their political and effort of the mayor of Waldheim social exclusion results in a high degree prevented drastic and illegal of poverty with consequences for health consequences caused by failures of and life expectancy. Humanitarian authorities reasons and reasons concerning The Stop of Deportation international law are given. The political interest results out of the historical responsibility of the Federal Republic, §60a (1) Residence Law: Stop of legal successor of the German Reich, for Deportation the in Porajmos committed crimes. Official mourning in memory of the genocide among Sint*ezze and Rom*nja In the case of acute catastrophes in the takes place today, a memorial has been country of destination, the ministry of erected in Berlin. Only, remembrance the interior may declare the stop of all does not come along with concrete deportations for the maximum period of improvement of the life situation of the three months. A letter of tolerance is European Rom*nja. This is the failure of issued on the legal basis of §60a Abs. 1 the European community in general and Residence Law. There is no legal claim of the Federal Republic in particular. existent. Public pressure may be helpful, After 72 years having passed ever since Saxon Refugee Council supports the end of World War Two and the initiatives and networks in Saxony. Write liberation of the concentration and to [email protected] or call public relations extermination camp Auschwitz-Birkenau directly: 0351/ 33 22 52 35. this comes close to mockery. The ministries of the interior would not have In the paragraph, a reference to §23 to do a lot in order to apply §23 Residence Law can be found. Here, the Residence Law.. highest state agency may order that people of specific citizenship or specific
21 Legal Tipps
Advice for Medical Certificates the qualification of certified psychotherapists according to the The main paragraph here is §60a (2c) German Lawyers’ Association. Residence Law. Also that paragraph was made stricter in October 2015. Nowadays, it is generally assumed that Hence, if a psychotherapist attests Post health reasons are no obstacle for Traumatic Stress Disorder (PTSD), the deportation. Now, the person affected is certificate cannot lead to a letter of obliged to comprehensively reason tolerance. In case a doctor certifies PTSD, his*her sickness, means, to certify it by a the certificate should be as detailed as doctor. The bar for such certificates has possible due to a high degree of been raised enormously and thereby has skepticism of the Foreigners’ the work effort for the doctors. The Departments towards that diagnosis. Be German Lawyers’ Association writes: aware that certificates of state doctors could count more than others, although the Foreigners’ Department needs to “Protection of physical integrity needs to justify that. PTSD can only be diagnosed be preserved already because of after longer periods of therapy. This constitutional reasons. The legislator is already could cause a problem since the thereby prohibited to issue opposing Foreigners’ Department could assume rules of procedure. Hence, protection that the person affected may cause an cannot depend on a specific medical obstacle for deportation by him*herself. certificate not brought up. A lack of such Additionally, announcing the deportation a certificate does not make life may indicate re-traumatization. If it is threatening deportations constitutional. diagnosed accordingly, foreigners’ Also here, the inquisitorial system [i.e. departments again make unfounded the need to state the reasons on which a assumptions (cf. Hofmann 2016: 945ff) decision is based and to investigate the background of the circumstances concerning that decision] remains. If a psychotherapeutic certificate is existent, it should nevertheless be handed in. Administrative courts Basic human rights like the right to strengthened psychotherapeutic physical physical integrity are absolute certificates in the past. The Higher and not to be subjected to political Administrative Court of North Rhine- objectives such as high deportation Westphalia argued that psychotherapists numbers. This unconstitutional ruling indeed “are able to diagnose makes a judicial review of the ever psychological sicknesses, even Post- stricter asylum legislation ever since Traumatic Stress Disorder due to their 2015 even more necessary. professional qualification.” (cf. OVG NRW, Judgement from December 19th Psycho-therapeutic certificates do not 2008, 1Az. 8 A 3053/08.A). Again one can play any role since the paragraph makes say: look for a counselling center. Other the restriction “medical (ärztliche) courts may decide differently. certificate”. §1 Abs. 3 of the Law on The medical certificate needs to meet psychotherapists leaves no doubt about the following requirements:
22 Legal Tipps
As it was outlined before, obstacles for deportation concerning the country of • the actual circumstances that destination may be recognized due to made up the basis for professional health reasons even though the legislator evaluation made the complying paragraph (§60 Abs. • the method of evaluation 7 Satz 2 Residence Law) much stricter. • the professional-medical The sicknesses need to be life evaluation of the symptoms threatening or severe in order for an (diagnosis) obstacle for deportation to be • the degree of severity of the recognized. Additionally, this happens sickness and the consequences only then, if the health situation can be that result after medical expected to decrease in the country of treatment out of the situation destination due to the country’s health care system. The legislator generally Aside from those outspokenly high decides that health care in the country of requirements, the certificate needs to be destination does not have to suffice sent “immediately” to the Foreigners’ health care in the Federal Republic. Also, Department. The Lower Saxon Refugee it is enough already if medical treatment Council writes, immediately could be is available in one part of the country of understood as time period of two weeks. destination only. German Lawyers’ If the Foreigners’ department does not Association claims that those rules are receive the certificate within that period, not constitutional, referring to Article 2 the department is not allowed anymore of the constitution, dealing with physical to consider it. If there are other actual physical integrity. The association indications of a life threatening or elaborates that point in a statement. otherwise severe sickness, exceptions from this rule could be made. Also if it is Even though these restrictions exist: the reasoned that there is no own fault for right to physical integrity is absolute . sending the certificate too late, an It should not be undermined by an exception applies. The certificate will not inhumane paragraph. Saxon Refugee be considered if the obligation to be Council wants to expose the problems medically examined by a state doctor is the paragraph causes. For this, not met. The person affected needs to be comprehensive documentation is informed about those obligations and the required in order to be able to argue in consequences if he*she does not meet public. With a critical mass of individual them. cases, public pressure can be created constantly. We are dependent on your The requirements for medical help here. Once again the contact details certificates were compiled by Henning J. to public relations: [email protected] // 0351 Bahr, a lawyer from Munich, once again, / 33 22 52 35. Since sensible data is published by AnwälteHaus. To be found concerned, encrypted communication here . should be used after first contact.
23 Legal Tipps
Church Asylum refugee status according to the Geneva Convention on Refugees or who have
received subsidiarity protection. Church irst and foremost, church asylum makes asylum is not of use here. sense when it comes to Dublin cases. Due to a time limit of six month within deportation to another EU-member-state Advice to church asylum is offered needs to be enforced, Germany is among others by the Delegate on responsible for processing the asylum Foreigners’ Issues of the Protestant procedure after those six months. When Church of Saxony, Albrecht Engelmann. in church asylum one can hold out for the Contact here . time limit to end, even though the freedom to move might be restricted severely. Church asylum might become obsolete due to the planned reform of the Dublin- regulation, known as Dublin IV. Exactly It is important to differentiate between those six-month time-limits are targeted. Dublin-cases and those cases who fall A switch of responsibilities between the under the safe-third-country regulation. member states is thereby excluded. Dublin cases are relevant whenever an Thereby, the phenomena of refugees in applicant for protection requests asylum orbit would be accepted. Refugees could but BAMF rejects it as inadmissible since be deported to countries like Bulgaria, another EU-member-state is responsible Hungary or Italy even after years – all of for processing the asylum procedure. them countries who are overburdened already and/ or actively commit human
rights violations. By diffusing • Dublin-procedures happen in the responsibilities for people seeking following counterfactual shelter among the member states, people scenarios: will only have access to the asylum • Whenever an asylum procedure is procedures of those states where they do going on in another Dublin state. not have a humane chance of survival. PO • Whenever the request for asylum ASYL comprehensively informs here to has been rejected in another Dublin IV and its critique. Dublin state.
• Whenever another Dublin state granted a national protection If all options are tried and exhausted… status and the request for asylum was rejected. … and the person affected is under threat • Whenever no asylum procedure of deportation, the following advises was started in any Dublin state should be kept in mind: but the person affected traveled through another Dublin state. Refugees confronted with deportation are still free human beings. Even if the The safe-third-country regulation police appears to be too powerful, they applies to people who have received the do not have to remain silent, can still
24 Legal Tipps
make decisions and still can move. For Refugee Council compiled tipps in Dari this, they need support. and Paschtu . Further hints in English, Farsi and German on our website . Wishes and planes of the people affected should be taken seriously. Also, limits to Deportations out of Schools action should be determined and accepted. Deportations often have a traumatizing effect, especially for kids. In Bavaria, a couple of cases were Actions by supporters should always be reported where police officers and agreed upon with the people affected. officials from Foreigners’ departments appeared in schools. Students were
supposed to be dragged out of their Take a public stand against deportation. lessons in order to deport them. Out of Raise awareness among friends and that reason, the Union for Education and acquaintances or in public by giving Science together with Hubert Heinold, a addresses, readers’ letters, participation lawyer from Munich, compiled a at demonstrations. The public relations guideline for teachers so they can refuse office of Saxon Refugee Council supports to participate in a legally watertight way. initiatives like these. Our concern is to The guideline can be found here . document deportations comprehensively to expose the problems that come with the enforcement measure Literatur Used of the state. More information to public relations in this field here. (SFR interner The “Guideline for Refugees” of the Link) Refugee Council of Lower Saxony gives a detailed and comprehensive overview on The telephone number of our asylum the here presented permits to stay and counseling center on Dammweg 4 in possibilities to receive a letter of Dresden: 0351/ 33 22 12 73. Of the tolerance. More information concerning center on Henriettenstraße 5 in refugees are provided, the asylum Chemnitz: 0371/ 90 31 33. Our procedure for example is explained in employees gladly provide further depth. Most of the information presented information and arrange an appointment here base on those guidelines. Here the if necessary. link
Deportations to Afghanistan Also used:
In December 2016, the first collective Hofmann, Rainer M., editor (2016): deportation to Afghanistan after 12 years NomosKommentar Ausländerrecht, took place. In this context, PRO ASYL Nomos Verlagsgesellschaft: Baden- pointed out important hints for the Baden interview, link here . Against the background of ever continuing deportations to Afghanistan, Bavarian
25 Legal Tipps
Deutscher Anwaltsverein, Hrsg. (2016): Stellungnahme 4/2016 zur Einführung beschleunigter Asylverfahren (Asylpaket II), URL: https://anwaltverein.de/de/newsroom /sn-4-16-zum-gesetzentwurf-der- bundesregierung-zur-einfuehrung- beschleunigter-asylverfahren-33981 (Last access: January 2nd 2017)
26 Infor regarding Detention for the Purpose of Deportation
Detention for the purpose of deportation Info regarding is regulated in §62 Residence Law. Detention for the Saxony detained 232 people in 2013 Purpose of (source: dnn). The majority of people Deportation who were detained in Saxony were picked up by the police when they crossed the border to Germany without legal documents. Since they have no permanent residence, the authorities assumed that only by incarceration deportation can be ensured. Another reason for detention might be an expired residence title (e.g. in the case of a negative decision to a request for asylum) and the person affected not departing “voluntarily”.
Dresden Hammerweg – Here, detention and custody for the purpose of deportation are supposed to be enforced Until December 2013, Dresden prison had capacity for 24 men about to be deported in a regular jail. On the basis of What is Detention for the Purpose of EU return directive, issued in 2008 Deportation? already, that practice was considered to be illegal. The directive orders a clear Detention for the purpose of deportation separation between prisoners who are is the most rigorous instrument to there because of the Penal Code and “ensure deportation” whenever people those detained for their deportation. are obligated to leave under the threat of Sharp restriction of the conditions of enforcement. Federal police respectively detention were the result. Private mobile foreigners’ department will have come to phones were prohibited, “leisure” time the impression that the person wants to and visitor hours were limited. Ever actively avoid deportation. Detention is since December 2013, detainees are applied whenever deportation is ordered incarcerated in the detention centers of to the country of origin or to another EU- Berlin Köpenick and Eisenhüttenstadt in member state according to Dublin III Brandenburg. regulation. Since detention is the strongest enforcement of a measure The leaflet “Defenseless behind Gates” , against the will of an individual, a judge issued by PRO ASYL, gives an overview needs to order it. For that, foreigners’ on the conditions of detention in German departments and federal police issue detention centers. The Refugee Councils according requests at the responsible of Brandenburg and Schleswig-Holstein district courts. as well as Humanistische Union explain
27 Infor regarding Detention for the Purpose of Deportation
facts and arguments in the leafleat Custody in Saxony “Detention without Crime ”. On May 17 th 2017, Saxon Parliament passed the law on the enforcement of What is the Difference between custody in Saxony with the votes of CDU and SPD. It is a temporary law until a Detention for the Purpose of more comprehensive law will replace it. Deportation and Custody for the There, the enforcement of both detention Purpose of Departure? for the purpose of deportation as well as custody for the purpose of departure will The most obvious difference is the be regulated. An appeal that was sent to detention period. Four days maximum the Members of State Parliament not to when it comes to departure custody, until vote for the law did not have any effect. twelve months in the case of deportation detention (much longer in practice). For the first time ever, Saxon wants to Whereas deportation needs to be put people into custody for departure. enforced soon in the case of custody, i.e. Custody for the purpose of departure the foreigners’ department has affects people who escaped and are organized documents, flights etc. already, about to be deported to exactly those this does not have to be so in the case of countries, where they are under threat of detention. A decision about deportation persecution, hardships, discrimination as does not even have to be met well as poverty caused by structural (Preemptive detention). Otherwise one exclusion. The custody also enables the might be detained if he*she is forcibly detention of beneficiaries of protection, obligated to emigrate, a deportation of kids and sick people as well as families. order according to §58a Residence Law The state government publicly declared was issued, the Foreigners’ Department that it intends to separate the latter if could not find out the current address of necessary. The Saxon state government the person affected, he*she prevented does not have to apply the Federal deportation by other means or danger of Residence Law. By all means, the option escape persists. exists to create political pressure together with the state governments of In the case of custody, the obligations to other federal states like Schleswig- cooperate must have been violated and Holstein or Rheinland-Pfalz. Those two deception on identity or citizenship must states already declared that they want to have taken place. The federal paragraph get rid of the paragraphs that regulate that enables custody, is itself a detention, custody and their problematic one. §2 (14) of Residence enforcement in Residence Law. Law defines what fugitive means. Whereas the regulations on detention The realization of both instruments as it refer to that definition, §62b on custody is intended in Saxon Law on the circumvents them. At least arbitrariness Enforcement of Custody Detention by authorities is something that needs to violates the UN-Convention on the Rights be calculated with. of the Child, the EU-return directive, German constitution and even German
28 Infor regarding Detention for the Purpose of Deportation
Residence Law. The law gets tightened reference misappropriates the ever faster and stricter, the demands necessity for social advice, for from the political right are preemptively psychosocial and transformed into law before older laws psychotherapeutic offers, rights can show effect even. Humanity cannot of vulnerable persons as well as keep up with that kind of speed. The the right to privacy of ultima ratio detention for deportation as correspondence and well as custody for deportation are made telecommunication. The custody legal, milder alternatives such as close is about to become to an absolute and individual case management are not “Blackbox”. At least eight suicide considered. We appeal to the attempts in German detention representatives of Saxon Parliament to centers ever since 2012 show the reject the Saxon Law on the Enforcement need for outmost sensitivity and of Custody when it is voted upon. By this, the importance of transparency. the crossing of even more moral and legal We remind that the people lines in Saxony would be prevented. affected are about to be deported. Re-traumatizations under this
conditions of detention are very Our critique and demands base on the likely. following points: • The administration courts need to be included much more in the review for the reasons for arrest. • Substantial doubts have been The open question on pending raised concerning the ever tighter procedures needs to be clarified. asylum laws that were passed Administration of justice needs to ever since 2015. Instead of present at all times. enforcing those laws on the state • By incarcerating minors, Saxony level, holders of political office will violate the UN-Convention on should aim for judicial review of the Rights of the Child. The kids those laws by the Supreme Court. will not be able to fulfill their In this sense, the enforcement of constitutional obligation to go to custody in Saxony shall be school. Again, article 6 is avoided. relativised by the state • The visitors’ rights of families and government. The separation of friends, lawyers and NGOs need to families is expanded by another be granted and actually instrument. implemented in practice. • The Penal Procedure Code only applies to criminals. The people A change request of CDU and SPD aimed that are affected here never to “improve” conditions in custody. That committed a crime. Such a general was supposed to look like that: reference to the Penal Procedure
Code, as it is found in this law, is highly problematic. The reasons • The proposed change of law for that are to be found in claims that particular attention numerous points: the general will be paid to the situation and
29 Infor regarding Detention for the Purpose of Deportation
needs of people in need of protection”. There is no definition of what that is supposed to be. • Families as well as unaccompanied minors are supposed to be incarcerated separately. Which does not change the fact that families and unaccompanied minors will be incarcerated. • An advisory board that includes two representatives of civil society is supposed to guarantee control and transparency. An unrestricted right for lawyers and NGO-employees was not regulated here.
Custody not only means the restriction of human rights – human rights are violated.
The whole appeal can be found here . It was sent via E-Mail to the Members of Saxon Parliament as well as to the Saxon Members of German Bundestag to their knowledge. A short problematization of the change request can be found here .
“It’s not a crime to escape! – Protest against the custody law in front of Saxon State Parliament on May 17 th 2017
30 Press Reports
Press Reports SFR’s protest in front of State Parliament was announced here: Deportation http://www.mdr.de/sachsen/protest- Practice in gegen-geplantes-abschiebegesetz- General sachsen-angekuendigt-100.html (May 17th .17) In a joint press release the Federal Association PRO ASYL as well as Saxon The faction’s positions were presented Refugee Council criticize Saxon here: deportation practice as brutal, family and health do not count in Saxony. The http://www.mdr.de/nachrichten/politi following media pick up the release: k/regional/abschiebegewahrsam- sachsen-100.html (May 17th .17) http://www.sz- online.de/sachsen/abschiebepraxis-in- SFR’s position was comprehensively der-kritik-3424509.html (June 20th described in the following interview with 2016) Freie Radios : http://www.freie- radios.net/83096 (May 19th 17) Report on the most recent deportation numbers that have almost doubled over Practice of „alternative documents“ the course of last year: replacing the Duldung http://www.mdr.de/sachsen/aktuelle- abschiebezahlen-sachsen-100.html (February 5th 2017) https://mephisto976.de/news/vorwurf -gegen-auslaenderbehoerden-60567
(May 11th 17) Dpa picked up our report about the forced separation of families. On the following websites the article was Luan Zejneli, whose case was handed in published: in Saxon Hardship Commission, was affected by the practice. Leipzig Internet Newspaper reported: http://www.l- http://www.sz- iz.de/leben/gesellschaft/2017/05/Fluec online.de/sachsen/fluechtlingsrat- htlingsorganisationen-werfen- beklagt-familientrennung-durch- saechsischen-Auslaenderbehoerden- abschiebung-3635116.html (March 14th rechtswidriges-Verhalten-vor-177093 (May 12th 17) On Custody for the Purpose of Deportation a couple of media reports appeared.
31 Press Reports
https://www.freie-radios.net/77344 (May 27th 2016) Hard Ship Commission
Saxon Newspaper reports that the State The student from Leipzig, Luan Zejneli, Head Office would not make any was supposed to be deported after statement on the promise given to Azbije turning 18 years old. Thanks to the Kamberovikj to let her be examined by a solidarity of his classmates, public doctor. pressure was created. SFR handed in the case in Hardship Commission. It’s vote was positive. http://www.sz- online.de/nachrichten/abschiebung-in-
zwei-akten-3409989.html (June 02nd http://www.l- 2016) iz.de/leben/gesellschaft/2017/05/Inter view-mit-Benjamin-Heinsohn- %E2%80%9ESein-Glueck-kann-Luan- On a failed deportation shortly after the nur-in-Deutschland- separation of Bekir/ Kamberovikj family finden%E2%80%9C-177407 (May 18th reports Saxon Newspaper. 2017) http://www.sz- online.de/nachrichten/abschiebung- http://www.lvz.de/Leipzig/Lokales/Lu geht-schief-3415990.html (June 09th an-darf-bleiben-Leipziger-wird-nicht- 2016) abgeschoben (May 19th 17)
Jungle World cites the lawyer of the Ever since Geert Mackenroth heads family, Oliver Nießing, and his reasoning Saxon Harship Commission, the number on why the deportation was contrary to of recognized hard ship cases has been law in his view. decreasing. Taz newspaper raises the question of the Why. http://jungle- https://www.taz.de/Asyl-und- world.com/artikel/2016/24/54217.htm Abschiebung/!5411684/ (06.06.17) l (June 16th 2016)
Case of the Bekir/ Kamberovikj family Migazin shifts focus on the issue of statelessness that affects many Rom*nja. The paradox between officially promoted Interview in Coloradio with SFR on how culture of remembrance of the Porajmos the deportation was processed, the legal and the anti-romaistic discrimination situation of the family at that time and that still happens as well as the the critique concerning the agencies.: criminalization of their protest appears in the text.
32 Press Reports
subsequent law suit against the police, issued by Mrs. D and funded by http://www.migazin.de/2016/06/17/fa Peperoncini e.V. milientrennung-bei-nacht-aber-die- lassen-dich-einfach-nicht-normal-leben/ (June 17th 2016) http://mephisto976.de/news/familie- durch-polizei-getrennt-56003 MDR exakt shows the situation of the (16.06.16) family as deportation was still threatening the family members that Migazin presents the different remained in Germany. perspectives on the deportation.
http://www.mdr.de/exakt/angst-vor- http://www.migazin.de/2016/06/24/v abschiebung-100.html (June 29th 2016) ollkommener-abschieberausch-kranke- mutter-jaehriger/ (24.06.16) Freitag newspaper spoke intensively with Sami Bekir and mirrors the kreuzer portrays the story of Mrs. D, her situation of the family when they still reasons for her first escape from lived in Macedonia. Chechnya and her second from Poland as well as her life and her dreams in Germany. https://www.freitag.de/autoren/der- freitag/als-tito-lebte-hatten-wir-noch- rechte (October 13th 2016) http://kreuzer- Case of Mrs. D. and her kids leipzig.de/2016/07/12/nicht-ohne- ihre-kinder/ (July 12th 2016)
17) Leipzig Internetzeitung comments on the separation of Mrs. D and her older son from the youngest as a clear breach of constitution and United Nations’ Convention on the Rights of the Child. http://www.l- iz.de/melder/wortmelder/2016/06/zen trale-auslaenderbehoerde-sachsen- verstoesst-gegen-grundgesetz-und- verletzt-mehrfach-un- kinderrechtskonvention-139999 (01.06.16)
Report from mephisto on the deportation and family separation and the
33 Minor Inquiries
repeated (check Advices for Medical Minor Inquiries Certificates under Legal Tipps). A proven risk of suicide will be checked as obstacle for deportation in every single case January 29 t 16h: Deportation of an 18 which means that the officials of the year old woman from Leipzig foreigners’ departments are placing themselves above medical expertise. In 2015 families were separated already. Answer of the SMI to the inquiry of the A young woman turns 18. After reaching Member of Parliament Juliane Nagel, Die the age of majority, she is deported and Linke, Drs. 6/5267 ) separated from her family. June 24 th 16: Family Separations due to Answer of the SMI to the inquiry of the Deportation Member of Parliament Juliane Nagel, Die
Linke, Drs. 6/616 . Until May 31st 2016 ten families were June 14 th : 16: Deportation of a woman separated. In 2014 five families were without her minor son from Grimma affected (counted after statistical recording was started in February 17th The case of Mrs. D. as described in the 2014). In 2015 five families were chapter Single Cases is being dealt with affected. The number of separated here. The proceeding of police and families will increase to 20 cases in 2016. foreigners’ department is being reasoned Answer of the SMI to the inquiry of the with the prescribed temporariness of the Member of Parliament Juliane Nagel, Die separation. The human right on family Linke, Drs. 6/5266 ) protection is being relativized since the July 11 th 16: Assumingly illegal deportation was supposed to be enforced Deportation of a Family from Riesa in under all conditions. The reasons of Mrs. June 9 th 2016 D. not to return to Poland did not play any role in the considerations of the foreigners’ department. The deportation and separation of the Answer of the SMI to the inquiry of the Bekir/ Kamberovikj family is being dealt Member of Parliament Juliane Nagel, Die with here. The state government Linke, Drs. 6/5205. understands the proceeding as legal, rejecting the allegation of unlawfulness.
Valentin Lippmann mentions the June 14 th 16: Obstacles to Deportation statelessness of Sami Bekir which does due to Health Reasons not count for the Minister of the Interior to suspend his deportation. A record in the Macedonian natal register suffices to By issuing Asylum Package II in February doubt the statelessness of Bekir fro his 2016, the Bundestag agrees to deport point of view. sick people in a more easy way. The tightening of obstacles to deportations in Answer of the SMI to the inquiry of the the country of destination and in the Member of Parliament Valentin country of current residence are
34 Minor Inquiries
Lippmann, Bündnis 90/ Die Grünen, Drs. to avoid the separation of families. Only 6/5476 ) the Central Foreigners’ Department respectively the lower Foreigners’ August 11 th 16: Deportation of 15 Departments can decide. Asylum Seekers in a Patient Transfer to Macedonia Answer of the SMI to the inquiry of the Member of Parliament Juliane Nagel, Die
Linke, Drs. 6/6618 ) At June 2nd 2016 15 sick refugees are November 14 th and 17 th 16: Further deported in a charter flight to Macedonia. questions regarding the Deportation to The medical care on board perhaps Kosovo on September 20 th 2016 ensured the physical integrity of the patients. Even more so, the costs of 75,000 Euro ensured the Minister of the Foreigners’ Departments receive their Interior’s argumentation for an alleged medical competence and expertise to ability to travel. evaluate clinical pictures from Answer of the SMI to the inquiry of the paragraphs. As it is the view of the Member of Parliament Juliane Nagel, Die Minister of the Interior. He once again Linke, Drs. 6/5779 ) confirms that there have not been any sign for an existing unability to travel. As October 16 th : Deportation to Kosovo at described, Saxon Refugee Council can September 20 th 2016 refute that. Also, the Minister answers to Petra Zais that no suicide risks have been Saxon Refugee Councul accuses the determined by a doctor. The documents Minister of Interior of having made false we archived say otherwise, too. The statements in that answer. He writes that handcuffing of a Nine-Year-Old is clinical pictures were known in the case confirmed. one person. A specialist doctor made a Answer of the SMI to the inquiry of the certificate, i.e. not a public health officer. Member of Parliament Juliane Nagel, Die According to the view of the Minister of Linke, Drs. 6/6860 and Petra Zais, the Interior, no statements were made Bündnis 90/ Die Grünen, Drs. 6/6864 ) dealing with the ability to travel of the November 18 th 16: Use of Direct Force person affected. Saxon Refugee Council for the Enforcement of Deportation can refute that statement, the certificate of the specialist is archived. Answer of the SMI to the inquiry of the It is dealt with the handcuffing of minors Member of Parliament Juliane Nagel, Die during deportations. The Ministry of the Linke, Drs. 6/6571 ) Interior repeats the legal basis. Family Separations due to Enforcement measures of the police need to be appropriate regarding the age of the Deportations ever since June 2016 people affected. The question of why a police squad needs to tie up a Nine-Year- In sum, 19 families were separated due to Old is not being answered. deportastion until September 30th. Police men have no margin of discretion
35 Minor Inquiries
Answer of the SMI to the inquiry of the April 25th 17: 04.17: Consideration of Member of Parliament Petra Zais, Human Rights and Law during Bündnis 90/ Die Grünen, Drs. 6/6865 ) Deportations December 21 st 16: Deportations to Kosovo at November 30 th / December A comprehensive questionnaire was 1st 2016 handed in by the faction of Bündnis 90/ Die Grünen and answered. Some findings can be reported on but some The deportation of nine people on questionable excuses were made by the November 30th and 22 people on state government as well. As an example: December 1st is confirmed. In the case of the government does not record the one person the ability to travel was incidents whenever a pilot rejects flying doubted by a specialised doctor. A public a deportation flight. This is hardly health officer was able to dispel those plausible. Saxony participated in doubts. funding“ Re-integration projects” which Answer of the SMI to the inquiry of the are supposed to show effect in the Member of Parliament Juliane Nagel, Die countries of origin after deportation with Linke, Drs. 6/7231 ) not less than 52.231,05 Euro for the January 27 th 17: Deportations from years of 2015 and 2016. High risk Saxony in the fourth quarter of 2016 pregnancy can only be diagnosed by public health officers. The expertise of specialized doctors does not count. The Ministry of the Interior speaks about Handcuffing a minor is simply the 3,206 deportations in 2016. MDR enforcement of an administrative act contrarily reports that 3,377 people (which is the deportation). In front of were deported. The State Directorate of other questions the government shuns Saxony confirms the number of 3,377 away as it is the case with question 5 and after a request of Saxon Refugee Council. 6 in the complex of questions on the hard Hence, the number of 3,206 is void. ship commission. Answer of the SMI to the inquiry of the Answer of SMI to the major request oft he Member of Parliament Juliane Nagel, Die faction Bündnis 90/ Die Grünen Drs. Linke, Drs. 6/7768 ) 6/8633 (provided on our website due to five PDF documents.) February 13 th 17: Deportations in special cases April 28 th 17: Deportations from Saxony in the first quarter of 2017 The number of 20 family separations is reported. The Minister of the Interior explains that no statistics on the number The number of 579 deportees was of deported pregnant women and sick published, 63 people were deported to people are available. other EU member states due to Dublin III Answer of the SMI to the inquiry of the Regulation. Member of Parliament Juliane Nagel, Die Linke, Drs. 6/8097 )
36 Minor Inquiries
Answer of the SMI to the inquiry of the June 23 rd , 17: Further questions on Drs. Member of parliament Juliane Nagel, Die 6/3267 – Deportation of refugees that Linke Drs. 6/9126 . escaped from Afghanistan
April 28th 17: The state government announces not to „Grenzübertrittsbescheinigungen“ and have deported people to Afghanistan yet. other documents which do not certify In 2017, 25 people were urged to „return the suspension of deportation in voluntarily“. In 2016, 190 were affected. contrast to §60a (4) Residence Law 353 people of Afghan citizenship were obligated to leave under the threat of
enforcement on June 9th 2017. The state government confirms the Answer of the SMI to the inquiry of the issuing of alternative documents. It Member of parliament Juliane Nagel, Die interprets the law in a way that according Linke, Drs. 6/9716 to that interpretation reasons for a Duldung are required. Answer of the SMI to the inquiry of the Member of parliament Juliane Nagel, Die Linke, Drs. 6/9127
May 31st 17: Further questions on Drs. 6/9123: Deportations in Special Cases
After further requests regarding the forced family separation, the ministry of the interior writes that it does not list planned family separations. Hence, probably more than 20 families were separated in 2016 and probably more than three in 2017.
Answer of the SMI to the inquiry of the Member of parliament Juliane Nagel, Die Linke, Drs. 6/9541
37 Start to Act!
Get in contact with the church Start to Act! communities of your village or city and make them aware of Saxon deportation practice. Christian representatives might Approach the newly arrived in your be allies to end this deportation practice village or town, join a local initiative you in CDU-dominated Saxony. like, support wherever support is needed. Especially in the asylum . procedure, assistance is needed to prevent deportations in the future. Translating “Bescheide”, having an eye on time limits, contacting counseling centers, preparing BAMF-interviews, getting informed and educating oneself further – here, step by step competence and networks can be created. We provide legal advice here.
Whenever you hear something about deportations in your commune, start asking question, try to figure out if people who perhaps remained in Germany need further support but accept lines too. Turn to public relations of Saxon Refugee Council so Saxon deportation practice might be criticized as a whole.
Stay informed about deportations in Saxony. A various numbers of initiatives and NGOs are on Facebook or publish newsletters as Saxon Refugee Council does.
Go demonstrating, speak up against deportations among friends and family, spread information material, write readers’ letters etc. Contact local authorities, write to your local member of state or federal parliament, organize and create pressure on him*her to position him*herself against Saxon deportation practice.
38 Local Counseling Centers
Local Counseling Tel.: 0371 / 495 127 55 Mail: [email protected] Centers Counseling hours: Wednesdays 1pm to 3pm // Fridays 10am to 12pm Borna http://www.agiua.de
Bon Courage e.V. Dresden Kirchstraße 20-24 04552 Sächsischer Flüchtlingsrat e.V. Post Address: Dammweg 4 Postfach 11 32 01097 Dresden 04541 Borna Tel.: 0351 / 33 22 12 73 Tel.: 0157 / 75 17 68 55 / 03433 / 26 06 Mail: asyl@saechsischer- 160 / 03433 26 06 161 fluechtlingsrat.de Mail: [email protected] Counseling hours: Tuesdays 10am to 6pm https://boncourage.de/ Further Appointments by Arrangement
Furthermore: Social Advice, Access to Chemnitz Labour and Education, Recognition of Foreign Degrees, Hardship Commission Sächsischer Flüchtlingsrat e.V. Henriettenstraße 5 Ausländerrat Dresden e.V. 09112 Chemnitz Internationales Begegnungszentrum Tel.: 0371 / 90 31 33 Heinrich-Zille-Straße 6 Mail: asyl@saechsischer- 01219 Dresden fluechtlingsrat.de Counseling hours: Mondays to Counseling hours: Mondays 1pm to 4pm Wednesdays and Fridays 10am to 4pm // Tuesdays 10am to 1pm / 2pm to 4pm http://www.auslaenderrat-dresden.de/ // Thursdays 10am to 1pm / 2pm to 4pm
Furthermore: Social Advice, Access to Labour and Education, Recognition of Kontaktgruppe Asyl e.V. Foreign Degrees Counseling in the Monday Cafè of Kleines Further appointments by Arrangement Haus AGiuA e.V. Glacisstraße 28 Adalbert-Stifter-Weg 25 01099 Dresden 09131 Chemnitz Mondays 5-7pm
39 Local Counseling Centers
http://kontaktgruppeasyl.blogsport.de/ Hornstraße 25 09599 Freiberg Cabana – Ecumenical Informtation Center Tel.: 037313 / 55089 Specialised Advice on Family Reunifications Leipzig An der Kreuzkirche 6, 1st floor to the right Refugee Law Clinic Leipzig e.V. 01067 Dresden Burgstraße 27 Tel.: 0351 / 492 33 67 // 0351 /492 33 62 // 0351 / 492 33 69 04109 Leipzig Mail: [email protected] Mail: [email protected] Thursdays 1pm to 4pm Counseling on every second Friday of the month, dates and place to be found on the http://www.infozentrum-dresden.de/ website
http://rlcl.de/beratung Caritasverband für Dresden e.V.
Lohrmannstraße 20 Initiativkreis Menschen.Würdig e.V. 01237 Dresden Bornaische Straße 3d Tel.: 0351 / 2728 3501 04277 Leipzig Mail: [email protected] Mail: [email protected] http://www.caritas-dresden.de/ http://www.menschen-wuerdig.org/
Döbeln Romano Sumnal e.V. Advice for Serbian speaking Rom*nja Treibhaus Döbeln e.V. Beratung für serbischsprachige Rom*nja Bahnhofstraße 56 Pöge-Haus 04720 Döbeln Hedwigstraße 20 Tel.: 03431 / 60 53 17 04315 Leipzig Mail: [email protected] Every second Monday 3.30pm to 5.30pm http://treibhaus-doebeln.de/ Tel.: 0178 / 334 622 0https://www.romano-sumnal.com/ Freiberg Peperoncini e.V. Arbeitskreis Ausländer und Asyl Local Legal Aid Fund for Asylum Seekers Freiberg who filed Lawsuits
40 Local Counseling Centers
Lokaler Rechtshilfefonds für Asylsuchende im Klageverfahren Mail: [email protected] https://www.kl einrotbissig.org/
Pirna
AG Asylsuchende Sächsische Schweiz/ Osterzgebirge e.V. Lange Straße 38a 01796 Pirna Mail: [email protected] https://www.ag-asylsuchende.de/
41 Individual Cases
Individual Cases Due to his addiction, Mr. Balic was stationed in the detoxification center Balic* Family – Deportation of a Sick Soteria in Leipzig for approximately Man three weeks. There, the war trauma was diagnosed. A regular, ambulatory treatment followed. A public health The Balic family of Kosovan citizenship officer of Leipzig County certified the and members of the Ashkali ethnicity post-traumatic stress disorder in issued their request for asylum in February 2015. Also the psychotherapist Germany in 2013. As members of the in charge points out the importance of a Ashkali minority they were ousted from continued psychiatric and psycho- their house, homelessness was therapeutic treatment. It should not be imminent. Furthermore, the husband is disrupted she argues. In case of suffering from severe traumatization deportation to the country where the with subsequent mental complaints. The traumatization originated, one could be Yugoslavia War left its mark upon him. In almost absolutely sure that re- Kosovo he could not find any or not traumatization respectively heavy sufficient treatment for his suffering. The deterioration of the symptom will BAMF would not let count all of these happen. The psycho-therapists reasons and rejected the request for statement also notes that suicidal asylum as obviously unfounded. thoughts and acts cannot be excluded if deportation would be enforced. That
stressor should under no circumstances Ever since arriving in Germany in the be triggered. Therefore, Mr. Balic was not year of 2013, Mr. Balic has been in able to travel. stationary as well as ambulatory psychological treatment. His war experiences were processed. Towards In July 2015, Leipzig administration the administration court of Leipzig he court rejects the family’s legal complaint. stated that he was a soldier in 1999, In August, the first try to deport the serving at the Albanian-Kosovan border. family is undertaken. It fails due to Mr. He had to watch many friends die. Small Balic’s bad physical condition. children were killed in front of his eyes. Afterwards, he is in stationary treatment He himself was beaten up and abused. He for a couple of days. A subsequent had to gather up dead bodies in the so- request for asylum is rejected within less called clearing unit Pec. Due to these than three months. In September 2016, experiences, Mr. Balic developed a the family is deported to Kosovo. Shortly distinct post-traumatic stress disorder, a before, talks were undertaken to prepare somatisation disorder and a continuous a request for Saxon Hardship personality disorder. For ten years he Commission due to the serious condition was exposed to an outdated medical of Mr. Balic. therapy. The treatment with benzodiazepine let him become addicted The family was supported and its case documented to the drug. and written down by Bon Courage e.V. from Borna.
42 Individual Cases
Macedonia. Bekir decides to go into *Family name was changed hiding. Deportation and Separation oft he Bekir/ Kamberovikj Family Meanwhile, Azbije Kamberovikj is on her way to Berlin airport. Still she is under shock because of her being separated On May 25th 2016, early in the morning, from her husband and her kids. She approximately 20 police officers stand in hopes for the promised, medical front of the door of Sami Bekir’s and examination at the terminal. She suffers Azbije Kamberovikj’s family. They from the coronary heart disease, three announce to pick up Kamberovikj and heart catheters were implanted. In this their three youngest kids to deport them. moment and under these conditions, Bekir emphasizes towards the officers there is a de-facto acute danger of a heart that his wife is suffering from a serious attack or a sudden cardiac death. Only, heart disease and that the flight could be the medical examination will not happen too onerous for her. The officers ensure at the airport. Kamberovikj is brought on that a doctor will check her before the plane will take off. Bekir is being told that he and the other kids will be picked up at early afternoon and then will be deported too. Bekir board. The plane departs in time. waves Good Bye to his wife, only kept conscious by strong medicines, and his Azbije Kamberovikj and her three three youngest. As soon as the police children survive due to donations for the officers disappear with that part of his time being. The family hopes to be family he will not see again until this very reunited soon. The road to unification day, Bekir starts to pack his things. On no could lead over an upcoming conciliation account he will return to Macedonia – a hearing at Saxon Higher Administration country that does want him to be there as Court. There the decision will be made if little as the Federal Republic of Germany the kids that remained in Germany might or Bosnia-Herzegovina. From all three receive a residence permit according to states he had to endure deportation §25a Residence Law. In case of success, because: Bekir is stateless, meaning Azbije Kamberovikj and her three nothing else than being defenseless. In youngest kids could have a chance to Macedonia he would be separated from return to Germany and to be reunited his family again, he knows that. He could with her family again. not support his sick wife from Bosnia- Herzegovina either in case he gets deported to there. The more likely it seems in Germany. He will not return to
43 Individual Cases
Deportation of Mrs. Ulqini, eight monts speechless as well as were many other pregnant friends and acquaintances.
In a petition issued on openpetition.de […] the employees of a kids’ day care center in Dresden write about the deportation of their translator: Integration needs to be lived!
„On June 8th in the early morning, How can we satisfy the requirements the around 7am, Mrs. Ulqini and her family current refugee situation raises if we do were picked up in their apartment – not let count the individual case or do not unannounced and before the Letter of wait until the individual case is Tolerance expired and a decision in their examined. Alma Ulqini was needed here law suit was made, the police deported in Dresden and could have been a huge them. At the same day they landed in support in this sensitive field of work Albania. Alma Ulqini was eight months where we operate. For all those refugees pregnant. Her pregnancy was clearly who would have stayed for longer in obvious. Nevertheless, she was put in a Dresden Prohlis and for their kids going plane, though every airline knows about to 122th primary school, Alma Ulqini was the possible complications that might THE driving integration force – making occur in that stage of pregnancy. Mrs. arriving and integrating easier by simply Ulqini never wanted to go into hiding. using language.” She wanted to integrate, to work and to participate in the integration of other Portrayal of a Deportation – Shakir* refugees. Family
Her husband was persecuted since he On September 19th, it was the afternoon, became too critical as a journalist. He my dad was released from hospital. In the also immediately began a language class night, around two o’clock, police officers and a reeducation course in Germany. He were in the staircase, my dad heard them already had a contracts as everyday coming up. After ten minutes or so they attendant in a care center, a job that were at the fourth floor and knocked would have started the upcoming days. against our door. My dad opened the door and the police officers asked: “Are […] you Shakir family?” My father said yes and the police officers replied that we are
about to be deported to Kosovo. I was Considering the family’s story, still asleep. My mother stood in my room colleagues, teachers, the parents’ council, together with two officers, waking me up. the parents and other employees could As I was awaken I saw the police men and not understand how the family was I started to cry and to cry because I knew deported. The church community was what was going on. I told them that I do not want to go to Kosovo. Suddenly I was
44 Individual Cases
on the floor, everything went black, I did Today the family lives together with nine not see or hear anything. Later I was told other persons in the house of Mr. Shakir’s that I had a shock. The moment I could brother. Employees of URA 2, a returnee get up again I ran to my school bag and program funded by a couple of German grabbed it. I shouted that I do not want to states, stopped by the family’s house. To go to Kosovo. This is why the police men enter and to examine the living situation handcuffed me. Also my father was tied was not of their purpose. They simply up like that. I was dragged out, the police insured themselves that the family has a men carried me like an animal. I was put roof over their heads. Mr. Shakir was in the police car, sitting there alone until offered two appointments with the they brought my dad, also carrying him psychologist of URA 2. After that, no and putting him into the car next to me. I further sessions were possible. Too many was only in T-Shirt, socks and shorts, this people had been deported recently Mr. way they dragged me out! It was very Shakir was told. The son of the Shakir cold already and I was freezing. I kept family attends school again. The question asking the police if I could get into other remains how long he will be able to do so. clothes upstairs but they forbid that. In His cousin graduated recently, but the the end they brought shoes, a jacket, family does not have the money to trousers and a pullover. I also asked them finance secondary school. The loan of her again and again if I could support my father needs to suffice for the whole mother with the packing. They always family. replied no, no, no. My mother was alone You can help with a donation with the police men at the first floor. My mom did not even know what to pack The organizations first. At the end she forgot all my dad’s ‘Pieschen für Alle’, medics ’cause she was that nervous. I ‘Laurentius- would not see her again until the Kirchgemeinde Dresden’ assembly point although they told us my and the Saxonian Refugee mom would be with us downstairs soon. Council (‘Sächsischer At the end she was transported in Flüchtlingsrat e.V.’) are different car, we did not see that. At once calling for donations for the police officers just said that my mom the family. The house is gone already and on her way to the needs to be renovated assembly point. As we reached that place and a separate apartment the handcuffs were taken from me and to be built. The my dad. From the assembly point we Laurentius were brought to Leipzig-Halle airport. Kirchgemeinde has set up There we had to wait for another two a bank account for this hours. Everyone received a bottle of purpose: water and one slice of bread with cheese. Then we had to board the plane. For me, IBAN: DE06 3506 0190 1667 2090 28 the deportation was terrible. The report was written by the son of Shakir family. BIC: GENO DE D1 DKD (KD-Bank) *Name of Family was changed. Purpose: RT1002/Flüchtlingsarbeit- Prishtina.
45 Individual Cases
having fled from Chechenya shall be deported to Poland. The EU-member- If you like to get a donation receipt, state is responsible for Mrs. D. due to the please provide your personal address in third-country-regulation. the ‘purpose’ field. You will recieve the receipt at the start of 2018. Kutllovci Family, deportation despite The Federal Agency for Migration and high risk pregnancy Refugees as well as the Foreigners’ Department know that Mrs. D. escaped
from her husband from Chechenya. After In Crottendorf in the Erz Mountains, the she had heard that her husband knew Kutllovci family found a new home. After about her place of residence at that time their deportation to the Kosovo at in Poland, she decided to escape a second December 1st 2016, the employees of the time. To return to Poland would be way Family Center of Crottendorf reported too dangerous for the family. that the family had established a wide network in the neighborhood already. The family became active in the family Only, this morning most of Mrs. D.’s center, participated in German classes as thoughts go to her younger son, 13 years well as in soccer training and organized old. He spent the night at a friend’s place, meeting events. On December 1st 2016, nevertheless his mother is about to be the police stood in front of that family’s deported. The police men are not sure home, too. Mrs. Kutllovci was five months how to procede. They call the Central pregnant at that time already. The Foreigners’ Department which gives the employees of the center report, the Okay to deport and decided to leave the pregnancy was not an unproblematic 13 year old boy alone in Germany. Mrs. D. one. Additionally, Mrs. Kutllovci suffered asks the police officers what is going to from a serious kidney disease, a doctor happen to him. They reply that the youth was about to examine her on December welfare office will take care of him. 20th 2016. Like many other families, the Although the office gets informed, the Kutllovcis were deported to boy remains disappeared. Until the homelessness. The agencies knew about return of Mrs. D and her 15-year old after their house in Kosovo being destroyed more than two weeks, a 13-year old, due to the war. Aside from the violent scared boy stays in Germany and has to deportation of a pregnant woman this look for himself alone. case shows that even far reaching integration efforts do not count in the face of the thrill of deportation enforced Being separated from mother and older by the agencies. brother, youth welfare office and police fail to get him back in custody. The Separation of D. Family temporarily discontinued investigation on the question of how a kid can be separated from its mother due to It is six o’clock in the morning of April 5th deportation were conducted once again. 2016 when Mrs. D. and her 15-year old The separation of the family is not the son are picked up by the police in their only thing the former “Leipzig apartment in Grimma. The woman
46 Individual Cases
Association against Family Separations because of Deportations”, here represented by Initiativkreis Menschen.Würdig e.V. and Peperoncini e.V., was criticized. Also in the case of Mrs. D., doctors found a possible deportation too dangerous to enforce. Forced Separations of Families
A new quality was reached when it comes to the separation of families in February 2017. The mother of a family was prohibited from getting deported due to her sickness. Thus, her husband and her three kids should have stayed in Germany too. But things went differently. In the night of February 21st to 22nd, police officers stood in front of the apartment door of the family. All members packed their things. The moment the mother wanted to leave the apartment with her bag, she was stopped by the officers. She won’t get deported is what she is informed about. Only at this point, the family knows the complete plan of the enforcement authorities. The woman, mentally sick, collapses. A little later she gets hospitalised. Next morning, she is dismissed. At that moment, her husband and kids are in Kosovo already. The woman, even though she got the right to stay, decides to follow her family voluntarily. The calculation of Foreigners’ Department and Ministry of the Interior works: the mother cannot hold the pressure that is executed on her..
47 Press Releases
September 21 st 16: Deportation to Press Releases Medical Nowhere
May/ June 16: Press Releases In September, people we accompanied regarding the separation of the Bekir/ and whose cases are presented in this Kamberovikj Family dossier, were deported to Kosovo. We pointed at the bad medical supply situation in the country that had been Three press releases were published by labeled as “Safe Country of Origin”. Here, us in May and in the beginning of June we reported on the family father Shakir after Azbije Kamberovikj and her three already. With his file we can prove that youngest kids were deported and their the Minister of the Interior made false family separated. The first press release statements in an answer to a minor dealed with the deportation itself. In the request of the Member of Parliament following one we criticized the Juliane Nagel (check here, Answer to adminstration court of Dresden that had Minor Request from October 16th). Press rejected an emergeny appeal within 24 release available here . hours and thereby could not carry out a comprehensive, content-related 21.11.16: Violated Human Rights and evaluation. In the third one we dealt with Where to Find Them a thoughtless statement of Markus Ulbig (“The people know that they have to In September, people we accompanied leave the country. Only if they do not and whose cases are presented in this attend their duty to do so, we operate dossier, were deported to Kosovo. We with enforcement measures.”). Together pointed at the bad medical supply with PRO ASYL we published another situation in the country that had been press release in June. Deporting at all labeled as “Safe Country of Origin”. Here, costs as it is practiced in Saxony was we reported on the family father Shakir criticized here. Since we rearranged our already. With his file we can prove that website, those press releases are only the Minister of the Interior made false available in bad quality. We kindly ask to statements in an answer to a minor excuse that circumstance. Available here . request of the Member of Parliament September 14 th 16: The Double Stadard Juliane Nagel (check here , Answer to of the Free State of Saxony Minor Request from October 16th). Press release available here . th The state government reacted fiercely to February 15 17: Right to Move and a flyer that was published by us with Right to Stay instead of Relentless information against deportation. We Hardness took the chance to problematize Saxon deportation practice again. By showing three single cases we tried to expose the This press release accompanied the double standard of the Free State of publication of this dossier. Available Saxony. We published the release at here . September 14th 2016. Available here .
48 Press Releases
March 14 th 17: Separation of Families when it comes to the recognition of reaches New Level residence permits. Press release here .
On the day of the publication, Saxon June 20th 17: On the Occasion of World Refugee Council already knew of two Refugee Day: Defenselessness by Law separated families in 2017. Particularily shocking: the separation of one of the families was deliberately planned by the Ever more human rights violations enforcement agencies. The mother of the undermine the right to asylum. Keeping family was prohibited from deporting. people from arriving and deporting those Nevertheless, her husband and kids were who have already arrived as quick as deported. Put under pressure to such an possible – those are the political extent, she decided to follow her family objectives. They ignore all the to the Kosovo “voluntarily”. Available friendships and the solidarity which here . developed ever after the summer of the so-called “”Willkommenskultur”. Link here . May 5th 17: Enabling a Safe Residence Permit for Refugees in Vocational Training June 23rd 17: Again the Ministry of the Interior plays dirty games Us and other state refugee councils criticized that the Duldung for the Ever since March 2017 it was known that purpose of vocational training fails in its family separations are enforced. Only, very core already. Since it is a Duldung, they are documented statistically. Hence, deportation is only suspended. Concrete they do not appear in the replies of the problems result out of that in practice. state government to minor requests – in Our demand: a residence permit for contrast to spontaneously conducted refugees in vocational training. Press family separations. We think that this release here . explanation runs contrary to every logic. We demand those numbers to be corrected and an end to that inhumane May 11th 17: Saxon Foreigners‘ practice. Departments ignore Supreme Court The press release here .
Even though the Supreme Court unambiguously ruled in 2003 already that the Duldung needs to be issued, the state government thinks that one needs reasons for a Duldung. Consequences for the people affected appear on the labor and housing market. It is not finally clarified if that practice causes problems
49 Table of Links
Table of Links Options resulting out of Residence Law
Position paper of a couple of State Refugee Here you can find all the links that appear Councils on the Duldung fort he Purpose of in the dossier and are important for legal Vocational Training: advice. http://www.saechsischer- fluechtlingsrat.de/wp- Asylum Procedure content/uploads/2017/05/Positionspa pier-Ausbildungsduldung-F%C3%BCnf-
LFR-Final.pdf „Guideline for Refugees“ compiled by
Lower Saxon Refugee Council: RA Henning J. Bahr/ Anwälte Haus: https://www.nds-fluerat.org/leitfaden/ Requirements for doctor’s certificates after the tightening of §60a (2c) 3: PRO ASYL: Memorandum for fair and http://www.saechsischer- thorough asylum procedures in Germany fluechtlingsrat.de/wp- https://www.proasyl.de/news/memora content/uploads/2017/05/RA- ndum-zu-asylverfahren-zeigt- Henning-Bahr_Anforderungen- qualitaetsmaengel-beim-bamf/ %C3%A4rztliche-Gutachten.pdf
Informationsverbund Asyl & Migration: Members of Saxon Hardship Multilingual Leaflet with information on Commission the Interview in the Asylum Procedure: http://sab.landtag.sachsen.de/de/der- http://www.asyl.net/arbeitshilfen- saechsische- publikationen/arbeitshilfen-zum- landesbeauftragte/haertefallkommissio n/mitglieder-der-haertefallkommission- aufenthalts-und- 6774.cshtml fluechtlingsrecht/informationsblatt- anhoerung/ Church Asylum Refugee Council Cologne: Multilingual Advice on Church Asylum by the Deputy Movie on the Interview in the Asylum for Foreigners‘ Issues of Saxon Protestant Procedure: Church:: http://www.asylindeutschland.de/de/fi http://www.evlks.de/kontakt/beauftrag lm-2/ te/737.html
PRO ASYL: Critique on Dublin IV
https://www.proasyl.de/news/geplante
-reform-des-dublin-systems-
50 Table of Links
verschaerfungen-stellen-fluechtlinge- http://www.humanistische- schutzlos/ union.de/fileadmin/hu_upload/doku/p ublik/HU2013_AB-Haft1-korr.pdf Deportations to Afghanistan Saxon Refugee Council: Appeal with
Critique on the Law Regulating the Advice against Fear, compiled by Bavarian Enforcement of Custody for the Purpose of Refugee Council: Deportation: In Dari: http://www.fluechtlingsrat- http://www.saechsischer- bayern.de/tl_files/Startseite/201701- fluechtlingsrat.de/de/2016/11/23/app Against%20the%20fear- ell-an-die-mitglieder-des-saechsischen- Afghanistan_DARI.pdf landtags/ In Paschtu: http://www.fluechtlingsrat- bayern.de/tl_files/Startseite/201701- Saxon Refugee Council: Problematization Against%20the%20fear%20Afghanistan of the changed law regulating custody: _PASCHTU.pdf http://www.saechsischer-
fluechtlingsrat.de/de/2017/05/08/ein- Advice from us in Farsi, German, English: besserer-ausreisegewahrsam-macht- http://www.saechsischer- grundrechtsverletzungen-nicht-besser/ fluechtlingsrat.de/de/2017/06/23/absc hiebung-nach-afghanistan-am-28-juni- Saxon Refugee Council: Detention for the von-leipzighalle/ Purpose of Deportation: Texts by detainees, prison employees and Custody and Detention volunteers of detention contact group Dresden (Publication in 2014):
http://dev.saechsischer- PRO ASYL: The Leaflet „Defenseless behind fluechtlingsrat.de/wordpress/wp- Gates“: content/uploads/2016/04/Brosch%C3 https://www.proasyl.de/wp- %BCre-Abschiebungshaft-in-Sachsen- content/uploads/2014/07/Abschiebun Abschiebungsgefangene-aus- gshaft_Bericht_Juli_2013_Webversion.pd Sachsen.pdf f
Refugee Council Brandenburg, Refugee Council Schleswig-Holstein, Humanistische Union: The Publication „Detention without a Crime“ gives facts and arguments against detention for the purpose of deportation
51