Border controls (Grenzkontrollen)Border controls (Grenzkontrollen)
Consequences of Schengen (border controls, fingerprints, saliva tests)
Within the framework of the Schengen Agreement, border controls between the individual Schengen states have in some places been discontinued entirely. As a compensatory measure a whole batch of undertakings have been agreed upon by the Schengen member states:
Germany provides an exemplary model for a future standard for the outer border controls (controls at the borders to non Schengen states). The German-Polish and the German-Czech borders are secured by a massive deployment of the federal border police, Bavarian police force, customs and the latest technology (night sights, Co2-detection equipment for detection of human breath in enclosed trucks). More than 10,000 police and customs officers are deployed on the eastern borders.
At the official border crossing points and at airports, EU and non EU citizens are separated. Non EU citizens are especially controlled. Random controls are carried out on EU citizens, especially those persons who do not fit the image of an average, middle-European citizen.
Border surveillance takes the form of a security screen twenty miles wide along the borders, in which identity checks are carried out by the state police forces and the federal border police. These controls may be carried out irrespective of suspicion and of circumstances. Of late the authorities of Baden-Wurttemberg and Bavaria have extended this twenty mile wide control zone to cover the whole of these two states. The legalising of such police controls without the need for any degree of suspicion is currently practised in Saxony, Mecklenburg-West Pommerania and Thuringia as well.
Along all motorways, main roads, at motorway service areas and at railway stations so called 'motiveless controls' are carried out.
As the Schengen Agreement came into effect, legal entry into the FRG for non EU citizens and asylum seekers has increasingly become more difficult. An important tool in isolating asylum seekers is the so called third-countries regulation. This states that aliens entering Germany via a safe third country may not have recourse to article 16a, paragraph 1 of the basic constitutional law (Grundgesetz). The petition for asylum is then rejected.
The so called safe third countries are all states of the European Union (Belgium, Denmark, Greece, Spain, France, Ireland, Italy, Luxembourg, The Netherlands, Austria, Portugal, Finland, Sweden, The United Kingdom) as well as Norway, Poland, Switzerland and the Czech Republic. Since Germany is thereby surrounded by safe third countries, legal entry overland into Germany is impossible for asylum seekers.
If a refugee submits a petition for asylum at the FRG outer borders, or is caught illegally crossing the border (within a twenty mile wide/thirty km zone), refusal of entry / expulsion usually takes place directly. The refugee is returned to that land from which the attempted illegal entry took place. All neighbouring states of the FRG are deemed to be safe third countries.
The cost of the return journey back to the safe third country must met by the refugee him/herself, if indeed (s)he has the means to pay. A specific sum to cover this cost is not determined by law. It is usual that a large portion of the refugees means of payment is confiscated in order to prevent the refugee from further attempting an illegal entry into Germany (one might ask exactly what this is supposed to imply?).
Those who enter Germany via a safe third country and submit a petition for asylum are usually deported immediately, or within a few days, back into that safe third country.
Those who come from a safe country of origin, or those who are not in possession of valid papers and who submit a petition for asylum, are examined under a rapid process. The asylum seekers remain interned for up to nineteen days in a camp within the airport, and when the petition is rejected they are deported within this time period. The petitions must be examined within two days. Where the rejection is 'apparently unfounded' the refugee may call the administrative tribunal within a period of three days, also as part of a 'rapid process', in order to appeal against the presumed freedom from persecution in his/her particular case. The administrative tribunal must decide within fourteen days whether to uphold this appeal. If the decision of the Bundesamt takes longer than these two weeks then the refugee is redirected to an initial reception camp.
Since a legal entry overland is impossible and the possibilities of entry by air are severely restricted by the 'airport procedure', (entry by air is in any case well beyond the means of most refugees, and the airports in the countries of origin are strictly controlled), there remains only illegal entry into Germany. This is really the only remaining option, by which incidentally, the route along which the refugee has fled remains indeterminable.
Those who are then able to petition for asylum within the FRG are directed to a place of reception. During the initial interview, the refugees is asked about the route of entry. If the refugee is unable to answer because, for example (s)he has been enclosed in a truck since leaving the country of origin and the last transit land is simply unknown then (s)he cannot be deported. Whether or not the petition is immediately 'disregarded' depends on the so called Mitwirkungsfrist (participation). Therefore, the following statements should be considered: When and where I got into the truck, how long the trip took, how it was possible to obtain food (eating, drinking), etc...
Generally, by submission of the petition for asylum, an electronic registration process takes place. Photographs and fingerprints are taken. The intention is to prevent a refugee from submitting further, parallel petitions or submitting a petition at a later date. This functions quite well within the FRG, but comparison with data from other Schengen states is still time consuming and expensive. These comparisons usually only then take place if particular grounds for suspicion occur which suggest that the refugee has spent time in neighbouring states. Grounds for suspicion may be papers from such countries, clothing or language.
Passport holders from the countries listed below do not require a visa for entry into Germany. One precondition being that they stay for no longer than three months within sovereign territory. In addition they are not permitted during this period to take up any kind of employment which normally requires a work permit. countries displayed in italics are EU member states.
Andorra, Argentina, Australia (incl. Cocos-Keeling Islands, Norfolk Island, Christmas Island), Austria, Belgium, Bolivia, Brazil, Brunei, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, The Czech Republic, Denmark, Ecuador, El Salvador, Finland, France (incl. French-Guiana, French Polynesia, Guadaloupe, Martinique, New Caledonia, Réunion, St. Pierre and Miquelon), Greece, Guatemala, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Kenya, Korea, Luxembourg, Malawi, Malaysia, Malta, Mexico, Monaco, The Netherlands (incl. The Netherlands Antilles, Saba and St. Maarten), New Zealand (incl. The Cook Islands, Niue, The Tokelau Islands), Norway, Panama, Paraguay, Poland, Portugal, San Marino, Singapore, The Slovak Republic, Slovenia, Spain (incl. Spanish sovereign territories in North Africa; Ceuta and Melilla), Sweden, Switzerland and Liechtenstein, Uruguay, The United States of America (incl. The American Virgin Islands, American Samoa, Guam, Puerto Rico), The United Kingdom of Great Britain and Northern Ireland (incl. The Channel Islands), Venezuela.
Citizens of the following states intending to visit the FRG, are required without exception, to obtain an entry visa, and only then may they enter if they stay for no longer than three months and during this time do not carry out any activity which requires a work permit.
Afghanistan, Albania, Algeria, Angola, Anguilla, Antigua and Barbuda, Armenia, Azerbaidzhan, The Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bermuda (only 'British-Dependent Citizen' passport-holders), Bhutan, Bosnia-Herzegovina, Botswana, British Virgin Islands, Bulgaria, Burkina-Faso, Burundi, Cambodia, Cameroon, Cape Verde Islands, Cayman Islands, Central African Republic, Chad, China, The Comores, Congo, Democratic Republic of the Congo (formerly Zaire), Cuba, Djibouti, Dominica, The Dominican Republic, Egypt, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Falkland Islands, Fiji, Gabon, Gambia, Georgia, Ghana, Grenada, Guinea, Guinea Bissau, Guyana, Haiti, Hong Kong, India, Indonesia, Irak, Iran, Ivory Coast, Jordan, Kazakhstan, Kirghizistan, Kiribati, Peoples Democratic Republic of Korea (North Korea), Kuwait, Laos, Latvia, The Lebanon, Lesotho, Liberia, Libya, Lithuania, Macedonia (former Yugoslavian republic), Madagascar, Maldive Islands, Mali, Marshall Islands, Mauritania, Mauritius, Midway Island, Moldavia, Mongolia, Montserrat, Morocco, Mozambique, Myanmar (Burma), Namibia, Nauru, Nepal, Nicaragua, Niger, Nigeria, Northern Marianas, Federated States of Micronesia, Palau-Islands(Republic of Belau), Oman, Pakistan, Papua New Guinea, Peru, The Philippines, Pitcairn Islands, Qatar, Rumania, Russia, Rwanda, St. Helena and Dependencies, St. Kitts(Christopher) and Nevis, St. Lucia, St. Vincent and The Grenadines, Sao Tomé and Principe, Saudi Arabia, Senegal, Serbia/Montenegro, The Seychelles, Sierra Leone, Solomon Islands, Somalia, South Africa, Sri Lanka, Sudan, Surinam, Swaziland, Syria, Tadzhikistan, Taiwan, Tanzania, Thailand, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, Uzbekistan, United Arab Emirates, Vanuatu, Vietnam, Western Samoa, White Russia, Yemen, Zambia, Zimbabwe.
In 1997 German overseas agencies issued 2.005,699 visas for short duration stays. With the initiation of the Schengen implementation agreement these visas also fundamentally permit residence in France, Spain, Portugal, Belgium, Luxembourg and The Netherlands (see Schengen Agreement).
The Aliens Act does not provide for the right to obtain a visitors permit. The applicant must prove that the period of stay is securely financed. The visit may not incur public expenditure. A friend/host in Germany may undertake to ensure that any costs incurred in Germany by the guest, including costs of any medical treatment, will be met. German representative agencies abroad must submit a positive assessment of the applicant with regard to 'intention to return' and 'means of returning'. According to federal German policy, this entails the following criteria: Evidence of a contract of full-time employment in the country of origin, payment of social insurance contributions, available financial means, proof of existence of a number of one's own family members, an elder who can ascertain that the applicant does not intend to marry or will not require (nursing) care. Grounds for rejection of an application need not be given.
Such unfounded rejections of applications often leads to complaints. The applicant has the right to appeal to the administrative tribunal in Cologne immediately after receiving notice of rejection of the visa application. It is recommended however, that the applicant should at first demonstrate his/her opposition to the representative agency's decision. This ought to be submitted in writing. The overseas representative agency will then re-examine the application. If the agency sticks to its original decision of rejection of the application, then the applicant will receive in writing an explanation of the main consideration for refusal of the application. This rejection includes in addition, a legal instruction.
In 1985, five European countries (France, The FRG, Belgium, The Netherlands, Luxembourg) confirmed in Schengen the opening of the inner borders by 1.1.1992 and the setting up of an efficient security system for the outer borders. The decommissioning of the internal borders to occur in stages, concurrently with the initiation of an intelligent investigation and tracking apparatus, using computer technology designed to optimise security at the outer borders. The 'Schengen-zone' effectively led to 129 countries introducing mutual visa requirements. Only 25 countries in the whole world have visa-free arrangements with the Schengen countries.
The Schengen group of signatories presently includes the initial signatories of Belgium, Germany, France, Luxembourg, The Netherlands, and in the following order, subsequent signatories; Italy, Greece, Spain and Portugal as well as Denmark, Finland and Sweden. Austria signed the Schengen agreement in 1995. A special co-operation agreement was negotiated in 1996 with Norway and Iceland. Since 1996, all EU member states except for the United Kingdom and The Republic of Ireland have become Schengen states.
The Schengen Information System (SIS) is a computer system for the tracing of individuals and objects/items, in which all Schengen member states make available their national data, (e.g. refused asylum seekers or listed banned aliens), in the central computer in Strasbourg. The SIS is in operation since March 1995. Police forces and immigration/foreign offices of the member states have access to a tracing data bank in which mainly refused and deported aliens are filed as well as persons suspected of crimes and so called high risk individuals. Once the system has been fully installed throughout each member state, the SIS is due to be fused with a European Information system (EIS) at EUROPOL.
By 1997 the SIS had been fed with 4.6 Million investigation data files. Over 2.6 Million originate from the FRG. 1/4 of the German tracing data affects persons for whom entry should simply be refused, such as deported refugees. German authorities alone access the data bank four million times per month. Of the 30,000 or more computer terminals at the outer borders of the Schengen states, 9,000 SIS terminals are to be found in Germany, of which 1,070 belong to the federal border police (Bundesgrenzschutz, BGS).
The SIS is a decisive instrument of the Schengen states in their combined effort in repelling refugees and migrants. This is due mainly to the provisions in the SIS against citizens of third countries, also many asylum seekers, regarded as undesirables in Schengen countries, and therefore listed as persons who should be refused entry. Between the implementation of Schengen and 1.1.1996 about 18,500 aliens were refused entry into a Schengen country or were deported due to 'direct hits' in the SIS data.
EURODAC is a planned European fingerprint data bank, by which the authorities can determine whether an asylum seeker has previously, perhaps under a false name, submitted a petition for asylum in another EU country. By each attempt at entry or attempt at attaining asylum, a fingerprint evaluation should take place. If this is positive, entry is denied. It is intended that EURODAC should merge the already existing fingerprint data banks of the individual states.
For this reason therefore electronic data processing is carried out at the time of application for asylum in the FRG. In consequence, photographs are taken and fingerprints are made, by which it is possible to prevent a refugee from attempting to submit more than one petition (either one after the other, or at the same time). This functions quite well within the FRG, but comparison with data from other Schengen states is still time consuming and expensive. These comparisons usually only then take place if particular grounds for suspicion occur which suggest that the refugee has spent time in neighbouring states. Grounds for suspicion may be official papers from such countries, clothing or language.
In order to be able to put into practice the regulations concerning safe countries of origin / safe third countries, agreements must be made with those countries regarding the methods of deportation. By the negotiation of so called repatriation treaties, the FRG took a specific stance. Acting on its own, it intimidated the eastern European nations into signing repatriation treaties, even though treaties were to be signed on behalf of the whole Schengen zone.
© unlimited - Stadtratte, 99-07-22 - www.nadir.org/nadir/initiativ/migration/