Persons threatened with deportation have the right to sleep at night – they may not be visited by the authorities at night.
A Dusseldorf Court had in a recent decision prohibited the action of the Duisburg Foreigners’ Office to search an apartment at 4:30 a.m. in an occasion to enforce deportation. An early morning deportation scheduled flight otherwise pure organizational ground does not justify search or entry into an apartment as the times between 9 p.m. and 6 a.m. is regarded as night time.
The Court rejected the Duisburg request based on grounds that it lacks the merit for sustaining such search warrant before and even after the Flight departure. The had in his statement emphasised the need for such search to be conducted in accordance with available legal guidelines.
We are by this decision reminded of the about 2 years pending petition against the State of Baden Württemberg on the 2018 questionable police raid in the Ellwangen asylum Camp. The decision also exposes Germanys tradition to criminalise asylum seekers through turns of dubious and violent police raids in several refugee accomodation centres in Ellwangen, Donawörth, Stephansposchings etc.
Enough is enough with judicial cover up for State instigated violence and abuses. The recent decision also complimented the ongoing critics and court decision that guarantees right to privacy in refugee Camps. German institutions are obligated to uphold constitutional provisions with respect to individuals right to privacy irrespective of status.
Actual report in Deutsch: https://amp.zdf.de/nachrichten/panorama/abschiebungen-nachtruhe-urteil-100.html