Since 1982, Germany is the only country in Europe were refugees are criminalized by the law of the Residenzpflicht. The Obligatory Residency Law keeps refugees from seeing their doctors, their lawyers, their friends and relatives and for some of them worst of all from continuing their activities which made them flee their country. When German politicians are in uproar about how foreigners are not willing to integrate into the society, such an absurd and inhumane law and the discussion surrounding integration can only be seen as cruel and cynical.
RESIDENZPFLICHT ON TRIAL
Second court hearing against Ahmed Sameer violation of the Obligatory Residence Law or Residenzpflicht
Palestinian refugee does not accept restriction of movement in Germany
The second court hearing against Ahmed Sameer on the three counts of being in violation of the Obligatory Residence Law or Residenzpflicht and his protest against “Residenzpflicht” will be held in the Landesgericht Erfurt, Domplatz 37, Room 1.12, at 1pm, on the Wednesday, the 8th of December, 2004. In his first hearing he was sentenced to a fine of 150 euros or 50 days in prison. Since Ahmed considers the law to be unjust, he has decided to not pay even one cent to the authorities for his freedom of movement. After Ahmed’s appeal, the case has now been taken to the Landesgericht in Erfurt.
Ahmed Sameer, member of The VOICE Refugee Forum, protests against the German Obligatory Residency Law, also known as Residenzpflicht, which restricts the movement of asylum seekers to their Landkreis (municipals) pending previous permission by state authorities and which is in complete violation of the most minimum human rights standards.
Why Ahmed Sameer fights against this law:
“When I sought asylum here in Germany, I never expected to be subjected to conditions similar to what I fled from in Palestine. The residence law does not only dehumanise and criminalize me, but goes to great length to prevent me from informing the German society about the current situation in the Occupied Territories of West Bank and Gaza Strip as well as to engage in my political activities for the rights of refugees and migrants in exile.
My fight against this law must simply be understood as a fight of solidarity and to express my conviction for human dignity. I will not compromise my natural and constitutional right to freedom of movement, association and expression. I will use every peaceful means possible to express my convictions against the Residenzpflicht and for its abolition in Germany. Even if the consequence of my protest against this law is that I must go to prison, I am not prepared to pay any fine that can only be seen as an instrument for the criminalization and repression of refugees.”
Since 1982, Germany is the only country in Europe were refugees are criminalized by the law of the Residenzpflicht. The Obligatory Residency Law keeps refugees from seeing their doctors, their lawyers, their friends and relatives and for some of them worst of all from continuing their activities which made them flee their country. When German politicians are in uproar about how foreigners are not willing to integrate into the society, such an absurd and inhumane law and the discussion surrounding integration can only be seen as cruel and cynical.
Some representatives of self-organised groups like The VOICE Refugee Forum in Jena, Initiative of Refugees and Migrants from Berlin, the Caravan for the Rights of Refugees and Migrants” and Brandenburg Refugee Initiative (FIB) will be observing the trial with Ahmed Sameer and the defence lawyer Ulrich v. Klinggräff from Berlin. After the hearing, there will be a short meeting where more information can be obtained.
Ahmed Sameer, Tel. Handy: 0049 (0) 173 8463038 and Osaren Igbinoba, 0049 (0) 3641 665214
The VOICE Refugee Forum in Jena. Schillergässchen 5, 07745 Jena, Germany,
Tel.0049 (0) 3641 66 5214 E-mail.:
voice_mail@emdash.org, 
http://www.thevoiceforum.org
Background:
Ahmed Sameer against Residenzpflicht
At the moment, Ahmed Sameer has four pending cases against the Residenzpflicht. He was first controlled by the police in Berlin in February, 2003, when he was asking for information in the police station on behalf of a friend who wanted to seek asylum. His second control came in March, 2003, at a filling station on the highway Munich-Nuremberg, when he went to meet with his auntie, who actually came from Sweden to see her nephew; in September 2003 he was controlled again both in Hof and Jena respectively, when a bus of refugees was underway to participate in the actions days against the Ausreisezentrum in Fürth, where Residenzpflicht and the social exclusion of refugees was one of the main topics.
For the first three controls, the court decided to combine them into one hearing and the state prosecutor demanded that Ahmed pays a total of 272 euros. In his first hearing, the judge decided to reduce the sentence to either a fine of 150 euros or 50 days in prison. Ahmed immediately appealed this decision and the case has now been taken to the Landesgericht in Erfurt, which will hear his case on the 8th od December.
Ahmed is also threatened with fines for several hundred more euros for other controls (the fine for the 4th control, not yet taken before the court, is 200 euros or 40 days in prison).
The Residenzpflicht-law in Germany
Since 1982, Germany is the only country in Europe were refugees are criminalized by the law of the Residenzpflicht. This law shows that refugees in Germany are meant to be socially isolated, not only by being kept in far away camps in the middle of forests, but also the restriction of movement by this racist law is intended to keep refugees away from the society, not allowing them to be in contact with the general populace and much less fellow refugees and migrants who may be living in other cities.
The Obligatory Residency Law keeps refugees from seeing their doctors, their lawyers, their friends and relatives and for some of them worst of all from continuing their activities which made them flee their country. When German politicians are in uproar about how foreigners are not willing to integrate into the society, such an absurd and inhumane law and the discussion surrounding integration can only be seen as cruel and cynical.
The Obligatory Residency Law has its roots in a time where many Germans do not want to be remember (or be remembered for that matter). Even as far back as 1938 there was a police decree for foreigners published in the Reich Law Bulletin (Reichsgesetzblatt) number 132. In paragraphs one and two of the document, the authorities decreed that any foreigner who left his municipal without previous of the authorities would be fined with 150 Reichmarks and/or sent to prison (Never Again?!).
Thus, Residenzpflicht for refugees violates article 13 of the Universal Human Rights Declaration (Freedom of Movement) as well as article 1 of the German constitution and article 2 paragraph 1, which “guarantee” the right to human dignity and the right to development of the human personality, respectively. Furthermore, the right to assembly is highly restricted with this law.
The Struggle against Residenzpflicht has already its history since the year 2000
Ahmed Sameer is not the first refugee who is not willing to accept such injust restrictions of his most basic rights. Other cases against refugees who do not accept the restriction of their freedom to move, such as Janak Pathak in Lübbecke district (North Rhein – Westphalia), Sunny Omwenyeke (Bremen), Cornelius Yufanyi (Göttingen) and Akubuo Chukwudi in Parchim (Mecklenburg-Vorpommern) have already created awareness both in public opinion and in the press.
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THERE ARE MILLIONS OF AHMEDS... I AM AHMED!!!
Protest Action in Erfurt at the Landesgericht Thüringen
Wednesday, 8 December 2004 – 1pm , Landesgericht Erfurt – Domplatz 37
The sins against hope are the only sins that have neither forgiveness nor capitulation. Eduardo Galeano
http://www.thevoiceforum.org/aherfurt
-------------------
other information:
http://www.thevoiceforum.org/ahmedpress
Warum ich gegen das Residenzpflichtgesetz kämpfe
http://www.thevoiceforum.org/ahmed
Ahmed akzeptiert nicht...
http://de.indymedia.org//2004/06/86023.shtml
Bus nach Fürth gestoppt
http://de.indymedia.org//2003/09/61395.shtml
Die Residenzpflicht ist verfassungswidrig
http://www.rewi.hu-berlin.de/stud/akj/zeitung/03-1/residenz.html
Residenzpflicht = Apartheidgesetz:
http://de.indymedia.org//2002/03/18386.shtml
http://germany.indymedia.org/2003/09/62555.shtml
Interview w/ Cornelius Yunfanyi:
http://de.indymedia.org//2002/01/13373.shtml
Residenzpflicht:
http://www.umbruch-bildarchiv.de/video/residenzpflicht/meinungen.html Residenzpflicht:
Ein Mosaikstein im System der Abschreckung
http://de.indymedia.org//2002/08/28130.shtml
Pressespiegel Residenzpflichttage:
http://de.indymedia.org/2001/05/2391.shtml
Second court hearing against Ahmed Sameer violation of the Obligatory Residence Law or Residenzpflicht
Palestinian refugee does not accept restriction of movement in Germany
The second court hearing against Ahmed Sameer on the three counts of being in violation of the Obligatory Residence Law or Residenzpflicht and his protest against “Residenzpflicht” will be held in the Landesgericht Erfurt, Domplatz 37, Room 1.12, at 1pm, on the Wednesday, the 8th of December, 2004. In his first hearing he was sentenced to a fine of 150 euros or 50 days in prison. Since Ahmed considers the law to be unjust, he has decided to not pay even one cent to the authorities for his freedom of movement. After Ahmed’s appeal, the case has now been taken to the Landesgericht in Erfurt.
Ahmed Sameer, member of The VOICE Refugee Forum, protests against the German Obligatory Residency Law, also known as Residenzpflicht, which restricts the movement of asylum seekers to their Landkreis (municipals) pending previous permission by state authorities and which is in complete violation of the most minimum human rights standards.
Why Ahmed Sameer fights against this law:
“When I sought asylum here in Germany, I never expected to be subjected to conditions similar to what I fled from in Palestine. The residence law does not only dehumanise and criminalize me, but goes to great length to prevent me from informing the German society about the current situation in the Occupied Territories of West Bank and Gaza Strip as well as to engage in my political activities for the rights of refugees and migrants in exile.
My fight against this law must simply be understood as a fight of solidarity and to express my conviction for human dignity. I will not compromise my natural and constitutional right to freedom of movement, association and expression. I will use every peaceful means possible to express my convictions against the Residenzpflicht and for its abolition in Germany. Even if the consequence of my protest against this law is that I must go to prison, I am not prepared to pay any fine that can only be seen as an instrument for the criminalization and repression of refugees.”
Since 1982, Germany is the only country in Europe were refugees are criminalized by the law of the Residenzpflicht. The Obligatory Residency Law keeps refugees from seeing their doctors, their lawyers, their friends and relatives and for some of them worst of all from continuing their activities which made them flee their country. When German politicians are in uproar about how foreigners are not willing to integrate into the society, such an absurd and inhumane law and the discussion surrounding integration can only be seen as cruel and cynical.
Some representatives of self-organised groups like The VOICE Refugee Forum in Jena, Initiative of Refugees and Migrants from Berlin, the Caravan for the Rights of Refugees and Migrants” and Brandenburg Refugee Initiative (FIB) will be observing the trial with Ahmed Sameer and the defence lawyer Ulrich v. Klinggräff from Berlin. After the hearing, there will be a short meeting where more information can be obtained.
Ahmed Sameer, Tel. Handy: 0049 (0) 173 8463038 and Osaren Igbinoba, 0049 (0) 3641 665214
The VOICE Refugee Forum in Jena. Schillergässchen 5, 07745 Jena, Germany,
Tel.0049 (0) 3641 66 5214 E-mail.:
voice_mail@emdash.org, http://www.thevoiceforum.org Background:
Ahmed Sameer against Residenzpflicht
At the moment, Ahmed Sameer has four pending cases against the Residenzpflicht. He was first controlled by the police in Berlin in February, 2003, when he was asking for information in the police station on behalf of a friend who wanted to seek asylum. His second control came in March, 2003, at a filling station on the highway Munich-Nuremberg, when he went to meet with his auntie, who actually came from Sweden to see her nephew; in September 2003 he was controlled again both in Hof and Jena respectively, when a bus of refugees was underway to participate in the actions days against the Ausreisezentrum in Fürth, where Residenzpflicht and the social exclusion of refugees was one of the main topics.
For the first three controls, the court decided to combine them into one hearing and the state prosecutor demanded that Ahmed pays a total of 272 euros. In his first hearing, the judge decided to reduce the sentence to either a fine of 150 euros or 50 days in prison. Ahmed immediately appealed this decision and the case has now been taken to the Landesgericht in Erfurt, which will hear his case on the 8th od December.
Ahmed is also threatened with fines for several hundred more euros for other controls (the fine for the 4th control, not yet taken before the court, is 200 euros or 40 days in prison).
The Residenzpflicht-law in Germany
Since 1982, Germany is the only country in Europe were refugees are criminalized by the law of the Residenzpflicht. This law shows that refugees in Germany are meant to be socially isolated, not only by being kept in far away camps in the middle of forests, but also the restriction of movement by this racist law is intended to keep refugees away from the society, not allowing them to be in contact with the general populace and much less fellow refugees and migrants who may be living in other cities.
The Obligatory Residency Law keeps refugees from seeing their doctors, their lawyers, their friends and relatives and for some of them worst of all from continuing their activities which made them flee their country. When German politicians are in uproar about how foreigners are not willing to integrate into the society, such an absurd and inhumane law and the discussion surrounding integration can only be seen as cruel and cynical.
The Obligatory Residency Law has its roots in a time where many Germans do not want to be remember (or be remembered for that matter). Even as far back as 1938 there was a police decree for foreigners published in the Reich Law Bulletin (Reichsgesetzblatt) number 132. In paragraphs one and two of the document, the authorities decreed that any foreigner who left his municipal without previous of the authorities would be fined with 150 Reichmarks and/or sent to prison (Never Again?!).
Thus, Residenzpflicht for refugees violates article 13 of the Universal Human Rights Declaration (Freedom of Movement) as well as article 1 of the German constitution and article 2 paragraph 1, which “guarantee” the right to human dignity and the right to development of the human personality, respectively. Furthermore, the right to assembly is highly restricted with this law.
The Struggle against Residenzpflicht has already its history since the year 2000
Ahmed Sameer is not the first refugee who is not willing to accept such injust restrictions of his most basic rights. Other cases against refugees who do not accept the restriction of their freedom to move, such as Janak Pathak in Lübbecke district (North Rhein – Westphalia), Sunny Omwenyeke (Bremen), Cornelius Yufanyi (Göttingen) and Akubuo Chukwudi in Parchim (Mecklenburg-Vorpommern) have already created awareness both in public opinion and in the press.
--------------------------------------------------------------
---------
THERE ARE MILLIONS OF AHMEDS... I AM AHMED!!!
Protest Action in Erfurt at the Landesgericht Thüringen
Wednesday, 8 December 2004 – 1pm , Landesgericht Erfurt – Domplatz 37
The sins against hope are the only sins that have neither forgiveness nor capitulation. Eduardo Galeano
http://www.thevoiceforum.org/aherfurt -------------------
other information:
http://www.thevoiceforum.org/ahmedpress Warum ich gegen das Residenzpflichtgesetz kämpfe
http://www.thevoiceforum.org/ahmed Ahmed akzeptiert nicht...
http://de.indymedia.org//2004/06/86023.shtml Bus nach Fürth gestoppt
http://de.indymedia.org//2003/09/61395.shtml Die Residenzpflicht ist verfassungswidrig
http://www.rewi.hu-berlin.de/stud/akj/zeitung/03-1/residenz.html Residenzpflicht = Apartheidgesetz:
http://de.indymedia.org//2002/03/18386.shtml http://germany.indymedia.org/2003/09/62555.shtml Interview w/ Cornelius Yunfanyi:
http://de.indymedia.org//2002/01/13373.shtml Residenzpflicht:
http://www.umbruch-bildarchiv.de/video/residenzpflicht/meinungen.html Residenzpflicht: Ein Mosaikstein im System der Abschreckung
http://de.indymedia.org//2002/08/28130.shtml Pressespiegel Residenzpflichttage:
http://de.indymedia.org/2001/05/2391.shtml 
e-mail:
Homepage:
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Obligatory Residency Law on Trial - Part II
11.12.2004 01:34
Ahmed – 1 Obligatory Residency Law – 0
Second Protest Action in Erfurt in, in front of and around the Federal Court of Thueringen
Monday, 13 December 2004, 9am - Landesgericht Erfurt – Domplatz 37
The bus will be full (again)!!!
Departure: Ostbahnhof (go out of the front entrance and walk down to the right until you see the bus) – Sunday 6pm – Please bring sleeping bags
In the trial against the Obligatory Residency Law, brought to the Federal Court of Thueringen by the Palestinian human rights activist Ahmed Sameer, an important step was taken in the struggle against this racist and inhuman law.
The process, which began on Wednesday, was postponed until Monday, since the authority of the Foreigner Office in charge of denying permissions to travel (Urlaubscheine) will be called as a witness. Although we do not expect a positive decision to come out of the case, the trial itself turned out in favor of Ahmed; the judge gave quite a lot of room for the political discussion about the Obligatory Residency Law and the only witness invited to appear by the Attorney General of the State of Thueringen, a bureaucrat from the Foreigner Office, quickly and thoroughly discredited herself.
In total, more than 70 people joined in the trial for a collective condemnation of the Obligatory Residency Law. The judge, the police and the city of Erfurt were completely taken by surprise. Though at first the police tried to avoid the entrance into the court of all non-Germans, threatening to write down all of their names and to check if they are in violation of the foreigner laws, the demonstrators and supporters of Ahmed managed to convince the authorities that this was unacceptable. Following the trial, a demonstration was held with the participation of over one hundred Ahmeds.
Now it is important that we are even more people on Monday than we were on Wednesday. The postponement of the trial could be understood as an attempt to carry on with the process without so many observers, as the majority made a four hour trip from Berlin just to attend the trial. This cannot happen! Therefore we call on all groups and individuals to come out and support Ahmed in his fight against the Obligatory Residency Law. It is important that there is not one empty seat on the bus! We must show them that there are many, many Ahmeds, and not one of them accepts this racist law!
There are still seats available on the bus. If you would like to travel with us to Erfurt, please call Ahmed (0173-8463038) so that we can calculate the number of people who are coming and how many buses we need.
There are millions of Ahmed!!! I am Ahmed!!!
Press Release II
Berlin, 9 December 2004
OBLIGATORY RESIDENCY LAW ON TRIAL
Press Release: Palestinian Human Rights Activist Ahmed Sameer Again Before the Federal Court for Numerous Breaches of the Obligatory Residency Law
On Wednesday, the 8th of December, the appeal of the Palestinian human rights activist Ahmed Sameer was taken before the Federal Court of Thueringen. Mr. Sameer has charged for having been controlled three times by the police and deemed to be in violation of the Obligatory Residency Law. In June of this year the Admistrative Court of Gotha found him guilty and ordered him to pay a fine of 150 euros or spend 50 days in jail. Together with his lawyer Ulrich von Klinggräff, Mr. Sameer appealed the decision to the Federal Court.
The Obligatory Residency Law existed in the same form under another name during the time of the Hitler regime, which issued a police decree in 1938 stating that all foreigners who left their district without first gaining the authorization of the foreigner police would be either punished with a fine or imprisoned. Like its predecesor, this law was re-introduced in 1982 as part of the Asylum Procedure Law and stipulates that refugees may not travel outside of their assigned districts without prior approval of the authorities. As the decision whether or not to give out permission to travel outside of the assigned districts is both restrictive and arbitrary, the Obligatory Residency Law, in violation of both the Geneva Convention and the German Constitution, represents a clear restraint of a refugees freedom of movement, assembly and religion.
Ahmed Sameer fled from Jenin city in the Occupied Territories of the West Bank and arrived in Germany in 2002. Since that time he has been constantly active in the struggle for the rights of asylum seekers in Germany as well as working closely together with Israeli peace activists for a peaceful solution to the conflict in Palestine.
The case of Mr. Sameer has received much public attention. For the first part of the trial on Wednesday, around 70 people, among them journalists, were present. Asked by the judge if he is aware of the law and whether or not he was indeed in violation of the law, Mr. Sameer responded affirmatively. He made very clear from the beginning of the process that this special law for asylum seekers is an infringement of a refugee’s fundamental and constitutional right to freedom of movement and assembly.
Ahmed Sameer emphasized that, upon coming to Germany, he was very shocked to find such restrictive conditions in the very country where he had come to seek refuge from the violation of his rights in the Occupied Territories. He later went on to denounce how the social conditions under which refugees are forced to live in the housing blocks often convert the asylum seekers into criminals, adding that the complete process of soliciting asylum in Germany can only be understood as “a form of organized repression for refugees and migrants,” which only serve to deter and control refugees. Finally, Mr. Sameer denounced the arbitrary nature employed by the Foreigner Offce in the granting or denying of permission to leave the assigned district of Gotha.
Following Mr. Sameer’s intervention, Ms. Birgitt Seidl from the Foreigner Office in Gotha was called to the stand by the Attorney General as a witness in Ahmed Sameer’s process against the Obligatory Residency Law. In order to determine whether or not the law does in fact represent a restriction of the freedom of movement and assembly, she was questioned about the policies of granting or denying permission. By the questioning it came increasingly clear that the general practice of the Foreigner Office is to grant refugees permission to travel for only three days at a time over a one month period. Apparently, there is no decree or official policy which determines this but instead is determined on the spot and no official explanation is given. Since Ms. Seidl is not the main person responsible for granting or denying permission, the court process was postponed until Monday, the 13th of December, in order to invite the director of the Foreigner Office of Gotha to answer questions regarding the praxis of giving out permissions.
Following the trial, a demonstration, which left from the court and went through the center of Erfurt, took place against the Obligatory Residency Law and other special discriminatory practices. There were approximately 100 demonstrators from Berlin, Weimar and Erfurt.
The case of Ahmed Sameer is not an isolated case. On the 10th of December, the Nigerian activist Sonny Omwenyeke (The Voice – Refugee Forum) will go to prison for fifteen days for refusing to pay the fines related to the Obligatory Residency Law. Other judicial processes are currently underway against other activists from The Voice – Refugee Forum, such as the case of the Nepalese activist Janak Pathak, Camerooner Cornelius Yufanyi and the Nigerian Akubo Chukwudi, who is the most well-known activist for refugee rights in all of Germany.
The continuation of Mr. Sameer’s trial will be held on Monday, the 13th of December, at 9am in the Federal Court of Erfurt.
Für weitere Informationen:
The Voice – Refugee Forum
Ahmed Sameer (0173/8463038), Osaren Igbignoba (0176/24568988)
www.thevoiceforum.org
chiflito
Homepage:
http://www.thevoiceforum.org