It is a strong and rather rare reaction: the Strasbourg Bar Association denounces this Tuesday, September 28 the decision of the Bas-Rhin prefecture to expel four Afghan asylum seekers to Bulgaria. A hasty decision and “taken in defiance of a court decision” writes the order in a statement.
At the end of last week, these four Afghan nationals were placed in the administrative detention center (CRA) in Geispolsheim. Sunday September 26, the judge of liberty and detention of Strasbourg asks for their release: he considers that these men run the risk of being returned to Afghanistan because Bulgaria has not suspended its transfers to the country.
However, Monday morning, without waiting for the final decision of the Court of Appeal on the subject, the services of the prefecture made them take the plane to Bulgaria. The president of the order, Christina Kruger, says she is deeply shocked, “In the state of a court decision which underlines the risks for these Afghan nationals, the services of the prefecture return them with phenomenal speed.”
Legality is one thing but then there is humanity which must preside over the application of these rules.
The Bas-Rhin prefecture for its part, assures to have acted in accordance with the law : “The appeal of the prosecution is suspensive, which allows, legally, to carry out this readmission operation to a member state of the European Union which has recognized itself responsible for the asylum request of these people” she replies. According to the Dublin procedure, asylum seekers must return to the first country where they were registered. The Court of Appeal also took note of these readmissions by issuing orders dismissing it.
“Legality is one thing, but after that there is humanity which must preside over the application of these rules” Christina Kruger added, insisting: “These people were extremely vulnerable, one of them attempted suicide in detention. Appeals were possible but they were dismissed without delay. ”
At the end of August, the city of Strasbourg had welcomed a hundred Afghan asylum seekers fleeing the Taliban regime. “The care of these Afghan nationals is fully in the tradition of welcoming our country, as well as in compliance with our laws and regulations”, declared Josiane Chevalier, the prefect of Bas-Rhin.
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