Deployment in refugee accommodation - Former refugee files constitutional complaint

He is now defending himself before the Federal Constitutional Court - a fundamental right has been violated. 

A refugee who was formerly housed in a reception center in Baden-Württemberg has filed a constitutional complaint because of a police operation to deport him in 2018. As the Federal Constitutional Court confirmed to the dpa press agency, the complaint was filed with the Society for Freedom Rights (GFF) and Pro Asyl. According to the organizations, it is directed against a Federal Administrative Court ruling from June of this year, which, in their opinion, violated the fundamental right to protection of one's home.

The Federal Administrative Court ruled that rooms in refugee accommodation should be viewed as apartments that are subject to special protection under fundamental rights. At the same time, the court in Leipzig ruled that it was legal for the police to enter a refugee's room to pick him up for deportation. Merely entering a room or apartment is not a search, which, according to the Constitution, requires a prior order from a judge.

The refugee organizations see the ruling as gutting the basic rights protection of the apartment. "The inviolability of the home is of little value if state actors can enter the rooms in initial reception centers at will and even at night," criticized GFF lawyer Sarah Lincoln, according to a statement. Refugees in particular, who are often severely traumatized by war, persecution and flight, need a protected retreat.

»Why can't the police knock and wait for me to come to the door? Instead, she simply storms my room at night, without notice, without waiting and, above all, without a search warrant," said the complainant, according to the message. "I would like the Federal Constitutional Court to clarify that the rights of refugees count just as much as the rights of other people." 

Report taken from:
https://www.spiegel.de/panorama/ellwangen-ehemals-gefluechteter-reicht-verfassungsbeschwerde-ein-a-33594def-089a-4d88-9ded-c41156822a4a