In April 2017, Jamil Amadi, then 26 years old, was the victim of a brutal and presumably racially motivated attack. One of the perpetrators is alleged to have been Berlin police officer Stefan K., who was off duty. Even before the criminal proceedings against Stefan K. and the other defendants were concluded, the State Office for Immigration deported Mr. Amadi to Afghanistan in March 2020, despite the public prosecutor's office having clearly indicated to the immigration authorities that he was essential as a witness for the main trial against Stefan K. After a nearly year-long hiatus due to the coronavirus pandemic, the trial is now being reopened at the Berlin-Tiergarten District Court. Hearings are scheduled for January 20 and February 3, 2021.
Non-governmental organizations are demanding that Jamil Amadi be brought back to Berlin immediately to testify as a key witness and co-plaintiff in the trial and to pursue claims for damages. Furthermore, Mr. Amadi must be granted secure residency as a victim of a racially motivated act of violence. Mr. Amadi's lawyer has already initiated legal proceedings to facilitate his re-entry into Germany.
As reported by Die Zeit on November 18, 2020, Mr. Amadi was severely traumatized and derailed by the attack. He became homeless, turned to drugs, and ended up in jail. Because he was accused of a number of crimes, the State Office for Immigration deported Mr. Amadi, even though he was never convicted and an expert had declared him not criminally responsible. Shortly afterward, it became known that the police officer Stefan K. was a member of the "Rex" investigation team , which was responsible for solving the series of right-wing terrorist attacks in Berlin-Neukölln.
Due to the long interruption of the criminal trial against Stefan K. caused by the coronavirus pandemic, all witnesses must now be summoned again.
“Mr. Amadi must be brought back to Berlin immediately. He is the key witness in the proceedings and it is essential that he be heard again. Furthermore, as a co-plaintiff, he has the right to assert claims for damages in the proceedings and to be heard in court,” says Martina Mauer, spokesperson for the Berlin Refugee Council.
“From our perspective, the deportation was unlawful, not only because of the ongoing criminal proceedings against the main suspect, a police officer, and his alleged accomplices. Mr. Amadi has suffered severe physical and mental health problems since the attack. Adequate medical treatment is unavailable in Afghanistan. As the victim of a serious, presumably racially motivated, act of violence, Mr. Amadi must be granted secure residency and receive compensation. Berlin bears responsibility here, not least because a police officer from the state of Berlin is alleged to have been involved in the brutal attack,” added Helga Seyb from the victim support organization Reach Out.
People who have experienced racially motivated violence in Germany still receive inadequate protection. The Berlin regulation, which stipulates that victims of hate crimes should receive a temporary residence permit or the right to remain, is not applied in practice . A corresponding provision is also missing from the package of measures against right-wing extremism adopted by the Federal Government on October 30, 2020
Günter Burkhardt, Managing Director of PRO ASYL, demands: “Racist acts of violence must be brought to justice and their victims must be heard. Those affected must not be deported. This is incompatible with the rule of law.”
Many refugees who have been victims of attacks do not report the perpetrators for fear of deportation and are thus practically unprotected in the face of racist violence. PRO ASYL, Reach Out, the RAV, the Refugee Council, and Yaar are calling for a general right to remain for victims of racist violence.
* Jamil Ahmadi is an alias.
Press contacts
- PRO ASYL Tel. 069 / 24231430, email presse@proasyl.de
- Berlin Refugee Council Tel. 030 / 224 76 311 (please allow longer ringing due to home office staff), E-Mail buero@fluechtlingsrat-berlin.de
- Reach Out Tel. 030 / 695 68339, email helga_seyb@reachoutberlin.de
- Yaar eV Tel. 030 / 23 40 72 17, email info@yaarberlin.de
- Republican Lawyers' Association (RAV) Tel. +49 30 / 417 235 55, E-Mail kontakt@rav.de
