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

Cédric Dartois cedricdartois at hotmail.com
Wed Dec 19 01:19:16 CET 2007

At the meantime -whether we enjoy it or not- the effectiveness of Human Rights towards people is guaranteed and found in Conventions and not necessarily in common sense. Common sense can be a very subjective notion ... depending on one's opinions. 
If vicims of Human rights abuses go to courts (say Court of Human Rights in Strasbourg) by stating common sense they may not go very far. Whereas if they know the Convention they will score a few points. But If you don't care so be it ....
Best regards
> Date: Sat, 8 Dec 2007 06:08:26 +0100> From: hanna.noesselt at gmx.de> To: fyeg_gen-l at listi.jpberlin.de> CC: cedricdartois at hotmail.com> Subject: Re: [fyeg_gen-l] FYEG says Italian deportations of EU citizens are a grave violation of fundamental> > as fundamental to any meaningful democracy as freedom of speach, there > is freedom of movement. for me, i don't care and don't think about > conventions, i just follow my common sense.> > hanna> > Cédric Dartois schrieb:> > Hello Hannah,> > > > I heard this too about the EU trying to manage a potential refugee influx... > > > > Depends where you place the debate on freedom of movement : on a legal aspect or on a more philosohical level. > > I share your opinion but there is no, per se, unconditional and bounding right of freedom of movement > > in EU or international law... But... there is always a possibility to have a "right of residency" by putting forward other basic human rights (for instance the right of family unity or illness) to remain in a country (and thus not to be expelled). That was the sense of my previous message.> > > > Best wishes too,> > > > Cédric> > > >> Date: Fri, 7 Dec 2007 12:39:13 +0100> From: hanna.noesselt at gmx.de> To: fyeg_gen-l at listi.jpberlin.de> CC: cedricdartois at hotmail.com> Subject: Re: [fyeg_gen-l] FYEG says Italian deportations of EU citizens are a grave violation of fundamental rights> > 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 ad> option 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 pub> lic 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/>> > > > > > > ------------------------------------------------------------------------> > > > > > _______________________________________________ FYEG general e-mail> > list mailto:gen-l at fyeg.org list information page > > http://listi.jpberlin.de/mailman/listinfo/fyeg_gen-l
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