Statement Concerning Illegal Deportation From Leipzig, Germany To Nairobi, Kenya on 26.10.2022 at 0055 Hrs via Evelop Airlines, SL (EVE 735)

Name: Leon Mkonu Wazome 
Born: 1986, Mombasa 

 

I wish to submit a complaint concerning illegal deportation against me. 

I had previously made an application for a temporary and a permanent residency permit at  Monchengladbach Immigration and invited for an interview on the 04.10.2022 at 09:00hrs. I was  then detained by ten police officers and put on hand and feet cuffs. I asked if they received my  previous applications, and they went to print it out (see attached documents: Vorlaufiger Aufenthalt  14.09.2022 and Application Ausländeramt 03.10.2022). 

Please note that previous applications to Stadt Augsburg addressed to Frau Farber in-charge of my file, were never answered. I also informed Frau Winterstein (Team Leader) and Frau Pilz was previous in-charge of my file. Importantly, they were fully informed of my health and student status in an application a Duldung following para. 60 AufenthG application dated 12.03.2022. I wrote the  application and later faxed it the reminder from Klinikum Hanau – where I was receiving treatment.  The application was sent also to Stadt Hanau – Ausländerbehörde (Frau Pullman), since I was living a registered at Hanau before going to Monchengladbach. She confirmed via E-mail, that all  applications AND all related documents were sent to Augsburg to in specific to Frau Farber (See attached document: Meldebescheinigung).  

The application was accompanied by a doctor’s attestation, detailing the medication I was taking,  sickness and the kind of treatment in the CD.10 standards (See attached document: Attest, Duldung  Application 23.05.2022). 

At the Ausländeramt Monchengladbach, I informed the immigration officers that my applications  were pending. Following para. 81 Abs.3 AufenthG I was entitled to a reply. 

I also informed them that I had pending criminal cases at Monchengladbach Police, where I was the  victim and witness following para. 60a Abs.2 AufenthG, the deportation process should be stopped. I  also told the immigration officers and the police that was a student and under medication. I insisted  that Stadt Augsburg had previously violated my Aufenthalt rights. They kept my passport since 2017  and never gave me any sort of identification. A violation of para. 55 AufenthV. 

I was later arraigned in court for a hearing in the detention case, where I immediately objected. I  told the court that I am against the decision to be held in detention as I always availed myself to the  Authorities whenever needed. The authorities had my email, telephone number and knew where I  was sleeping as I had already informed them. In fact, I am the one who made the Aufenthalt  applications and ask for an appointment through email. I also informed the court that I was under  regular medication. The doctor in the court hearing confirmed the medication I was using but I did  not have all the names in mind. The court then gave me 30 days (1 MONTH) to do a formal appeal against the decision. Afterwards taken to Darmstadt Deportation facility, where I was held for 21 

days. My lawyer – Mr. Fahlbusch also made a formal appeal against deportation, application for my  release from detention and a transfer and review of my residence file. 

At Darmstadt Deportation facility, I was attended by two doctors on several occasions.  

The first doctors made several tests and prescribed more medication – for the palpitation, pressure, and hypertension. I also increased the mirtazapine dosage to 7.5 – 15mg. Also, my blood pressure  was extremely high. The dosage helped me also with the irregular heartbeat. 

A few days before deportation I was examined by another doctor who increased the blood pressure  medication. She also recommended that I should be brought back on the following Friday for more  test and blood pressure check, which I was not. I was deported on Thursday! 

In the deportation facility, I had asked for the social worker who help me to apply for spedition and  formally submitted a Duldung application following para. 60a Abs.2 AufenthG and a copy of the  details of the four criminal cases (3 together, and 1 Separate) where I was the victim and witness.  The details included the case numbers registered at Monchengladbach Polizeipraesidium (see  attached document: Kriminal-falle). The cases are still pending! 

Since I was leaving in Monchengladbach for about 5-6 months OR the town where the deportation  facility is located, is responsible for me following para. 14 Abs.4 ZustAVO. 

On the 25.10.2022, I was forced to take only the corona-test then put on handcuffs from Darmstadt  deportation centre to Aschaffenburg then to Leipzig Airport. Previously I informed officers at the  deportation facility who took me to the doctor’s office, including Herr. Kraemer – Team leader, that I  have made an appeal against my release and the deportation case, and my lawyer was also following  it. (See attached document: Beschwerde) 

I also asked several times for a chance to speak to my lawyer so that he can confirm to them. I was  denied the opportunity. And was told that it did not matter. I also showed them the documentation  concerning the open criminal-cases where I am a victim and a witness, but he told me that it does  not matter, I was going to be transported. The drivers who who transported me to Aschaffenburg  also were surprised that I was not accorded the chance to make a phone call to my lawyer. All this  conversation happened at the car park, right in-front for the gate. I showed them the documentation  at the same point, where there were also security cameras at the gate. 

The transportation officers then told me I would take me to Aschaffenburg where, I would give a  chance to make the phone call. On arrival, I met police officers: Herr. Schuss and Hoenig. I went  briefly in the toilet, as they watched, and was informed the journey would take about 4-5 hours.  

Again, I pleaded with officers: Herr. Schuss and Hoenig that I desperately needed to call my lawyer.  They refused!

I was then hurriedly put on the van while still on handcuffs and transported to Leipzig Airport. After  a long drive we arrived at around 9-10 pm. I also requested to go to the toilet. I was told that when  we go in the clearing hall, I would get go to the toilet. I then asked for a phone call. They still  refused! While in the car, I informed the officers that that I had all documentation to prove that my  appeal was open, and the deportation process is illegal. They told me that they heard me, but I  would not change anything!  

We stayed at the car for about two extra hours. I then asked Mr. Schuss if he could open the van  windows because there was no sufficient air. We drove all the way for hours with closed windows.  Once again, I if I could go to the toilet, I was told I could take a piss at a nearby tree while I was in  cuffs. They watched me as a took the piss. I felt very humiliated. 

I was then taken back to the van and informed them again that my rights were being violated as I  have the deportation appeal open. I also informed them of the open criminal cases where I was the  victim and quoted para. 60a Abs.2 AufenthG. I informed them of the open residency permit applications which was a violation para. 81 Abs. 3 AufenthG. I also told Herr. Schuss and Hoenig that  as police officers they should know that is a violation of para. 60 AufenthG, para. 339 StGB and 344  StGB. Herr. Schuss replied that nothing will change and that I should keep quiet.  

I then struggled to open the windows myself and get some fresh air as we remained parked. 

About 12 am, we drove inside to Leipzig Halle where they checked in as I was left in the van. I called  aloud and asked if I could speak to someone who was going to address my case. There were a lot of officers outside who heard me while I was yelling the illegality of the process. I could see them  making fun of me! 

A few minutes later, I was let out of the van for processing. I was taking inside the hall where I met  the team leader of the deportation process, who informed me that they were also Federal police. I  told him all that that I had told officers: Schuss and Hoenig – that I had made an appeal against the  deportation process, the open criminal cases and the answered Duldung application and the pending  

residency case at Amtsgericht Monchengladbach. Moreover, I request for protection since my rights  were violated. I also told him that I wanted to make an official complaint as a statement against  what had happened. He refused to take my statement. 

I was later taken to a separate chamber to be searched while the doctor made some examinations.  He looked at my eyes, ears, nose and mouth and my rear-opening. He checked my feet, and the  medical examination was complete. I informed him that I was under medication and in regular use  of them. Shortly afterwards, I was put in handcuffs and taken to a separate chamber where I met  officer: Heine, Nick, and another medical assistant. The medic asked me what medication I take  regularly. I gave him the following names: 

  • Mirtazapine 15mg for depression 
  • Sertraline for depression and sleeping problems. It also helps with trauma “PTSD” ✓ Clandestine for hypertension  
  • And two others for blood pressure and irregular palpitation for the heart. 

Some of these medicines were recommended by the doctors at Darmstadt deportation facility as my  health was getting worse within the 21 days that I was held.

I also told them that I had a pending application following para. 60 Abs.7 AufenthG because of my  previous suicide attempt. They immediately put me in a special kind of handcuffs that is belted and  restricted almost every move I could make with my hands. 

Soon I was put back in the van on handcuffs and escorted to the plane. I asked them where they  were taking me and was told to Nairobi. I repeated that I had no address in Kenya since I was more  that 10 years not in Kenya there and I do not know why they were taking me to Nairobi as I also do  not have any contacts there. I was born and raised in Mombasa. 

Inside the airline, I shouted that my rights were being violated and I was being kidnapped! 

There were observers, a monitor, and other escorts who I called out too for help too. The officers:  Oliver, Nick and Heine told me to shut up, because it will be a long flight and it will change nothing! 

I also called out the team-leader of the deportation escorts, who seemed agitated, told me the same thing. To keep quiet! I felt so threatened. I told them I am talking out my heart, but everyone will  hear what I have to say because I am being violated. I did this in the hope that someone would act. 

I remember that at some point I felt terribly ill. I vomited several times. 

I felt my heart race so fast and blood pressure high. I was given a bag to vomit, and a doctor was  called – the same doctor who examined my body at the Leipzig Halle. I told him that I have my  medication that I regularly take. He told me that he did not have the medication but could only help  by giving something to calm me down. I feared taking anything that my doctor had not  recommended to me. So, I declined and asked for some orange juice and an apple.  

We then flew all the way to Nairobi, still restricted in cuffs. 

I also saw another lady who was sick. She threw up and fainted in the plane. The medical team  addressed her and gave her first aid. 

Shortly before arrival, I asked officer Nick, Oliver, and Heine that I wish to write a statement since  they took notes on the deportation protocol. He wrote a few items that I said: that I had an open  deportation appeal case, the answered Duldung application following para. 60 (deportation stop),  

the unheard criminal cases where I was the victim and that I had given a list of depression and other  illnesses medication that I was taking. Office Heine, who was in-charge of my file, then stopped  writing and told me that he was going shortly to the toilet. I asked officer Oliver and Nick to continue  taking my statement, but they refused! 

When officer Heine was back, I asked him to write that I asked for protection under humanitarian  rights. He refused to record my statement. I pleaded to no avail.  

We then arrived in Nairobi at around 10-11 o’clock in the morning.  

I was informed that they were going to remove the handcuffs and alight from the plane. I was  surprised at the hypocrisy. I asked them why I had to board with handcuffs on and when we arrive in  Kenya, they hurriedly want to remove them. The team leader told me that I must come out of the  plane. I told him that you have brought me to a city that I was not born. Secondly, I had no address  in Kenya. He informed me that the Kenya police would have to be informed. I obliged. 

Soon, two Kenya police officers from the Airport one called Leonard Kibet came in the plane. 

I explained to them that I was deported illegally as my appeal was still open and that I was not  feeling well. I also told them what they German police escorts did and wanted to remove the 

handcuffs when we arrived. The officers asked me to be released and told me I should not worry  they were going to oversee the matter afterwards.  

Officers Heine and Nick removed the handcuffs and then I was escorted out to a transportation bus  nearby and headed towards a check-in center. 

I still felt terribly ill. My blood pressure was high and felt my heart racing. I informed the authorities  that I am a sick and have my medication which I took regularly. The German doctor was asked if he  knew and said that he could do nothing since he did not have any of my medications. 

The immigration officers then shortly interrogated us. I told them that my deportation was illegal  and other irregularities what happened. In addition, I told them that I do not have an address in  Kenya since I was so long not there and do not have contacts in Nairobi as I was born and raised in  Mombasa. I also told them that I was sick. One of the officers later asked Mr. Heine if he had my  medication. Officer Heine the said that the medications are in my bag. I told the immigration office that he was lying as I was not given any of my medication from the Deportation facility. He was then allowed to check-in, and I was left wondering what to do.  

I talked to one of the immigration officers, who was also a police officer about the way forward. 

He advised to go to the German Embassy and show them the documentation as evidence including  the deportation appeal letter from my lawyer as proof of illegality in the deportation. 

I also managed to trace a long-time friend who assisted me to get somewhere to stay for a few days. 

Till today, I have no medical cover, struggling with my health condition and missing out on my studies after securing a three-year scholarship at a Bible College.

Deportation Kenya