A five-year-old was injured in a knife attack in a asylum accommodation to be fatal. The demand for consistent deportation is louder. Why is not every rejected asylum-seekers obliged to leave the country?
A five-year-old Boy was stabbed to death in an asylum accommodation in the Bavarian city of Arnschwang, his Russian mother seriously injured. The six-year-old brother was witness to this drama. The alleged perpetrator: A 41-year-old asylum seeker from Afghanistan. He was killed by the police with eight shots.
Three days after the brutal murder, the background facts are still unclear and the horror of it. The boy’s mother could only be on Tuesday afternoon heard. Details are not yet known. What makes the act a politically sensitive one: The knife was a convicted felon and was wearing an electronic ankle bracelet.
The biography of the offender
The 41-Year-old was in November 2005, with a visa to legally come to Germany. Together with his family, he lived in a Munich apartment. There he laid in the December 2008 fire. Was injured at the time, nobody. For arson, the man in the autumn of 2009, was sentenced to five years and ten months in prison. He went to prison.
By a decision of the city of Munich from the 13. In July 2011, the convicted offender has been deported from the Federal territory. Against this order, was able to fight back the Afghan, because during his detention, the man filed an application for asylum at the Federal office for Migration and refugees (BAMF).
From Germany deported refugees to the airport to leave Kabul
Why not have deported the perpetrators in advance?
For Afghanistan, no stop to the deportations for convicted criminals, is actually Bernd Mesovic from the refugee aid organisation Pro ASYL says. Although the BAMF rejected the asylum application of the brand founder, has prevented 2014 from the administrative court of Munich declared the deportation ban, the return to Afghanistan.
According to the Bavarian interior Ministry, the lawyer of the Detainees had argued that his client should not be deported, since he had converted to Christianity. As a result, the death threatening him in his home. This line of reasoning, the administrative court of Munich followed, and ruled the deportation be suspended. Such a decision is for the BAMF binding. Thus, the later perpetrators of Arnschwang in Germany was “tolerated” asylum-seekers.
Who are “Tolerated”?
A so-called tolerance of the foreigners authority means that a Migrant will have to leave the Federal Republic of Germany, deportation is temporarily suspended. An alien criminal is due, his stay is theoretically in danger. In practice, there are but also in the case of criminal offenders, many of the barriers to removal, such as countries of origin who refuse to take their nationals back or the lack of identification documents. In such cases, the German authorities are trying to procure a replacement papers in the country of origin – it may take a while.
Other obstacles to Deportation can be a war or a disease that cannot be treated in the home country of the asylum seeker. However, it may also – as in the current case, it is a danger for body and life because of religion. The deportation law is covered in paragraphs 58 and following of the act on the stay.
The circle authority of Cham, which is for the municipality Arnschwang is responsible, refused at first in June 2015, once again applied for a permanent residence permit of the Afghans. Then the employees talked the tolerance of each month only.
In the accommodation in Arnschwang, the mother of the dead boy waiting for her asylum decision
Why lived accommodation of offenders in a community?
“Why someone who was left after such a long imprisonment-free, and still as dangerous, it was considered, was in a refugee accommodation?”, Bernd Mesovic of Pro ASYL asks. Much is yet to be clarified. In January 2015, the Afghan was able to leave the prison. After release he was forbidden to contact certain people, including his ex-wife. He was not allowed to leave the Landkreis Cham and had to wear an electronic ankle bracelet.
Because the man was not a recognized refugee, was subject to the asylum seekers benefits act and was required to reside in a community property, shared with the responsible government of upper Palatinate in Regensburg the DW. The Afghan came to his release from prison a short time in a facility in the Bavarian town of Zirndorf, and then he was transferred to the property to Arnschwang. Until last Saturday, the man came only once – because of black-and-driving – in conflict with the law.
According to the Regensburger authority, it was for a “for the employees the absence of any evidence that could lead to such an escalation, with the affected Russian family”. Further, it States: “In the upper Palatinate, there are no shared – or distributed property, in which only single persons or married couples without children will be accommodated.”
Detention pending removal instead of asylum accommodation?
A so-called deportation for immigrants in question, if a foreigner is immediately obliged to leave Germany, but not voluntarily leave. This maximum six-month detention must be arranged by a court. You may but only if the court has no other Chance to leave the country to enforce. For Tolerated, such as the 41-Year-old this is not the case.
Offenders deported – Yes or no?
The cases must be reviewed individually, said Bernd Mesovic of Pro ASYL. “There are cases in which it is prohibited by law is clear.” Germany should anyone be deported to his country of origin, the torture or the execution of the death penalty threatened, explained the head of the Department of legal policy at Pro ASYL: “The European human law prohibits Convention to send people to a country where you specifically, the risk of torture. The death penalty is an obstacle to Deportation. An exception would be if the host would guarantee the state a legally convincing that it is not going to execute people, but only in custody or a legal procedure.”