[fyeg_gen-l] FYEG says Italian deportations of EU citizens are a grave violation of fundamental rights

Hanna Noesselt hanna.noesselt at gmx.de
Fri Dec 7 12:39:13 CET 2007


in my opinion any kind of deportation is the violation of the 
(fundamental) right of freedom of movement.

i heard the eu is already preparing how to keep potential refugees from 
kosovo out in case of a crisis.

best wishes,
hanna


Cédric Dartois schrieb:
> 
> 
> Hello to all,
> 
> I agree with the general content of the press release but I must
> admit that I feel a bit uncomfortable with the way the title has been
> formulated : "Italian deportations of EU citizens are a grave
> violation of fundamental rights".
> 
> Under general international law the mere fact of sending back people
> to their country of origin is not a violation of fundamental rights.
> There are a few basic exceptions to this of course, such as returning
> a recognised refugee to his country of origin, or a country where a
> person -whether refugee or not- would be submitted to torture- are
> severe breaches of international human rights law.
> 
> Sadly we don't know enough about the concrete situation of these
> people who have been expelled (their public order records and how
> serious the facts are -if any-, their roots and family life in Italy
> etc). So I believe that another angle of attack in the press relase
> would have been to stress more on the fact that the situation of
> these individuals has been assessed (if so ?) on a very very short
> period of time making a proper and individual and serious assessment
> of their personal situation impossible.
> 
> Indeed under for instance the European Convention of HR, in case of
> expulsion, the situation of every person/returnee has to be assessed
> individually in regard to public order breaches of course, but also
> in regard to other considerations such as family life & unity etc.
> Also under HR law the notions of public safety must be interpreted
> restrictively. In this case, we could have a breach of the principle
> of free movement of people, but also of the European Convention of
> Human Rights. But this is under conditional terms of course...
> 
> I agree with the idea in the press release that this situation will
> lead, sadly, to more polarisation and stereotyping between
> communities.
> 
> Regards and all the best,
> 
> Cédric from Belgium Refugee protection officer
> 
> 
> 
> 
> 
> 
> 
> -----Original Message-----From: FYEGSent: Tue 06-Nov-07 15:41To:
> FYEGSubject: FYEG says Italian deportations of EU citizens are a
> grave violation of fundamental rightsBrussels, 6/11/2007FYEG says
> Italian deportations of EU citizens are a grave violation of
> fundamental rightsIn reaction to the Italian authorities' deportation
> of Romanian citizens, the result of the adoption of a decree allowing
> for the deportation of immigrants if deemed to be "a threat to public
> safety", Bartek Lech, Spokesperson of FYEG comments: "Creating a
> climate of fear, suspicion and xenophobia, as the Italian government
> does with its recent decision, will not do anything to improve public
> safety. On the contrary, it will lead to polarisation and
> stereotyping, as last week's attacks against Romanians in Rome have
> demonstrated. Furthermore, these expulsions are a violation of EU
> citizens' fundamental right to freedom of movement, one of the
> cornerstones of the European project. Therefore, we consider these
> deportations not only as socially and morally unacceptable but also
> as a shameful act against the spirit of the EU, if not against its
> laws"Marina Barbalata, Spokesperson of FYEG adds: "This decree sets a
> dangerous precedent. Under current EU law, EU citizens can be
> expelled from a member state if they are a "threat to public order,
> public safety or public health". However, these criteria are
> completely arbitrary and can be used to expel any unwanted group from
> a member state's territory. In this case, it is obvious that there is
> a strong Romaphobic undertone in the Italian government's acts. This
> has also been demonstrated by the demolition of the Tor di Quinto
> area in Rome, which will only exacerbate the situation, aside from
> being a dubious act on its own. For these reasons, we call upon the
> Italian parliament not to ratify this discriminatory decree. We also
> urge all EU governments to refrain from using this clause of EU law,
> in order not to create a slippery slope which will make random
> deportations of EU citizens a customary practice".
> [ENDS]contact:Marina Barbalata, Spokesperson of FYEG, + 407 243 970
> 84Bartek Lech, Spokesperson of FYEG: +324 849 459 23www.fyeg.org
> <http://www.fyeg.org/>www.fyeg.blogspot.org
> <http://www.fyeg.blogspot.org/>
> 
> 
> ------------------------------------------------------------------------
> 
> 
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