April 9, 2021 Press Release – Appeal i. S. Alassa Mfouapon v Land Baden Württemberg

Appeal against the judgment of the Stuttgart Administrative Court of February 18, 2021 on the illegality of the police assault on the state initial reception center (LEA) in Ellwangen and on the deportation of the plaintiff to Italy

In the judgment of February 18, 2021, the Stuttgart Administrative Court ruled in favor of Alassa Mfouapon that the charges against him - and thus also against all other residents of the LEA - in connection with the police storming of the LEA Ellwangen in the early morning of March 3. May 2018 police measures were disproportionate and therefore illegal. This is a significant success in the fight for the rights of refugees against one of the largest police operations and the discrimination and criminalization of refugees that was aimed at it.

The main criticism of the court's decision is that, contrary to the plaintiff's arguments, the court expressly refused to recognize the rooms in collective accommodation occupied by refugees as apartments within the meaning of Article 13 of the Basic Law. It has thus denied the refugees the protection of the fundamental right of the inviolability of the home. As a result, refugees are still treated on what is ultimately a racist justification as second- and third-class people who are not entitled to important rights under the Basic Law and the European Convention on Human Rights.

In its judgment, the court also largely declared the police measures in connection with the deportation of the plaintiff to Italy in June 2018 to be lawful.

Here, too, the police entered the living space he lived in. Therefore, the question of the inviolability of the home under Art. 13 GG also plays an important role here. In addition, the plaintiff was handcuffed for several hours. The legality of these police actions will also be a subject of the appeals process.

The undersigned is available for further information.

Kind regards

Frank Jasenski

Lawyer

—
law firm
Masters & Partners
Industriestrasse 31
45899 Gelsenkirchen
Phone: 0209/3597670
Fax: 0209/3597679
RAeMeisterpp@t-online.de
www.kanzleimeister.de