Remedies for Wrong Detention

An asylum seeker applied for asylum but his application was denied. He was unlawfully put into detention and now he is suing for remedy. This article will explore this person's claims.

Problem in this report on the judgment of OVG Stuttgart (re 4 U 71/05 of July 20, 2005) that the rejected decision was not serviced. Since the immigration office believed he was not voluntarily leaving, he was put into detention.

Following the basic principle of the rule of law, only an orderly serviced administrative decision initiates any legal effect. The rejecting decision of the office for asylum matters would normally have given grounds for plaintiff’s deportation. Since the administrative decision was not serviced, he was legally in Germany and therefore his detention was illegal.

This detention was illegal because it was not based on a legal administrative decision. Servicing an administrative decision is important because it allows you to check the correctness of the decision within the time frame of the law. If you are subject to deprivation of liberty §839 BGB give grounds for damages if an officer infringes one of his duties, the office will be liable for damages. In this case, the relevant duty is to be found in Art. 5 European Human Rights Convention. This legal rule forbids any deprivation of freedom. Deprivation is especially permissible if authorized by domestic law and following the rules of domestic law.

What can you collect for a wrong day in jail? A fortune: € 11 per day following Art. 5 V European Human Rights Convention. Who will pay this? Public purse.




Published on the old CMS: 2006/7/16
Read on the old CMS till November 2008: 1,218 reads