Lucy Hamilton
Diamond Member
- Oct 30, 2015
- 38,422
- 15,170
- Thread starter
- #61
How easy is it to deport refugees out of Germany
...What German law says
The relevant law is in Section 60 of Germany's Residence Act: "[The right to refugee status] shall not apply if, for serious reasons, the foreigner is to be regarded as a threat to the security of the Federal Republic of Germany, or constitutes a threat to the general public because he or she has been finally sentenced to a prison term of at least three years for a crime or a particularly serious offense."
This, de Maiziere suggested, is something Germany should consider changing - and Cologne-based lawyer Nikolaos Gazeas thinks that, knee-jerk or not, it's a sensible suggestion. "This is an idea that I think is definitely worth considering," he told DW. "A lot has to happen to get three years here in Germany, and a one-year prison sentence is often also something very serious, so I think it's justifiable."
But the problem remains - where to deport people to? Germany's Residence Act also prohibits deportation to countries where they may face serious harm, the death penalty, or human rights abuses. If the Cologne attackers do indeed turn out to be foreign nationals, the criminal justice system may well have to tackle this problem. But there is a solution, according to Gazeas. "In such cases, it is possible to deport people to other countries," he said. "The receiving country has to agree - but that isn't unusual, especially with North African countries. In that case, Germany has to negotiate with the state in question about whether it is prepared to take in person X."
Lifting the right to asylum
But other lawyers are more cautious about playing loosely with the right to asylum, which is enshrined in the German constitution as well as the Geneva Convention. Oda Jentsch, who represents asylum seekers herself, says the Residence Act can't just be used to deport someone that easily. "It's not just about whether they've been sentenced to one year or three years," she told DW. "It's about whether they represent a danger to the public, and it's not just about whether what they did means they represent a danger, but whether they will still represent a danger in the future - and the whole point of a prison sentence is that you are trying to rehabilitate them."
"I think it is a bit far-fetched to say that a pick-pocket or even a rapist represents such a consistent threat to the public that you remove their right to refugee protection," she said. "You could say that contradicts the whole spirit of the Geneva Convention."
How easy is it to deport refugees out of Germany? | Germany | DW.COM | 07.01.2016
It was not "a" rapists, but mobs coordinated across germany and europe gang raping and assaulting women.
Oda Jentsch, who represents asylum seekers herself....THIS is all we need to know, another Traitor, more concerned with the savages than the German peoples.