"Powerless" or "Without any control"

"Powerless" or "Without any control"

In a recent development, a family, reportedly at risk of domestic violence and potential harm, was deported from Germany to Albania, sparking concerns about the country's adherence to international human rights obligations.

The family's lawyer, Saskia Piotrowski, learned about the deportation through the refugee shelter management on the same day. Piotrowski claims that fundamental rights were violated as Izabela Hoxha's phone was confiscated before deportation, preventing her from contacting the lawyer or support organizations.

According to reports, the federal police were given a note to hand the family over to a support organization in Albania, but this handover did not occur. It remains unclear if the information was passed on to the Albanian police.

The city spokesman claims that aspects of the child's well-being were consistently considered and taken into account throughout the process. However, additional employees were deployed to ensure the well-being of the child throughout the measures, suggesting that concerns about the child's safety may not have been adequately addressed.

The Petitions Committee of the state is investigating whether the deportation was legally correct due to concerns about immigration authorities being overloaded and responsible offices not coordinating sufficiently. Cologne SPD MP Carolin Kirsch states that the Hoxha case has reached state politics, and authorities must be more sensitive to children's rights and the protection of women from violence.

The legal implications and guidelines for deporting families with a history of domestic violence and potential risk of harm are governed by international human rights obligations, particularly by the requirements to assess risks of ill-treatment, protection against refoulement, and specific frameworks addressing violence against women and domestic violence, such as the Istanbul Convention.

According to rulings by the European Court of Human Rights (ECtHR), states must thoroughly assess the risk of ill-treatment, including torture, inhuman or degrading treatment or punishment, before deporting individuals, including families with children. This applies especially if the country of return poses a risk to life or safety.

The Istanbul Convention, a Council of Europe treaty, obliges state parties to take preventive, protective, and prosecutorial measures against violence against women and domestic violence. It requires states to ensure that victims of domestic violence, irrespective of their migration status, have access to protection and support, including shelters and legal assistance. Deportations in cases involving domestic violence must account for the safety, well-being, and rights of family members, especially children, and avoid exposing them to further harm or risk.

Court decisions in Turkey emphasize that deportations without proper individual risk assessments, especially of children or families with vulnerabilities, violate international human rights law. Transparency and adequate legal remedies to challenge removal orders are crucial in such cases.

In this instance, it is alleged that the well-being of the child and the state of health were not considered, and the family was found again by the husband shortly after arrival in Albania, who allegedly attacked them in the presence of the children. These allegations, if proven true, could constitute a breach of international human rights obligations.

This case underscores the importance of rigorous, individualized risk assessments before deportation, compliance with the non-refoulement principle to prevent return to dangerous conditions, specific protections aligned with the Istanbul Convention to safeguard victims of domestic and gender-based violence, especially migrant women and children, and transparency and adequate legal remedies to challenge removal orders.

[1] European Court of Human Rights, M.S.S. v. Belgium and Greece, Application no. 30696/09, Judgment of 21 January 2011. [2] Council of Europe, Istanbul Convention, Convention on Preventing and Combating Violence against Women and Domestic Violence, CETS No. 210. [3] Amnesty International, Turkey: Increased Deportations Raise Concerns About Pressure on Individuals in Detention, 2020.

1. The inconsistency in Germany's policy-and-legislation regarding the deportation of families at risk of domestic violence, as seen in the Hoxha case, raises concerns about the country's adherence to international human rights obligations, particularly the Istanbul Convention and the non-refoulement principle.
2. The alleged breach of fundamental rights in the Hoxha family's deportation case, including the confiscation of Izabela Hoxha's phone and the lack of coordination between immigration authorities, highlights the need for transparency and adequate legal remedies to challenge removal orders, as outlined by rulings from the European Court of Human Rights.
3. The controversy surrounding the Hoxha family's deportation from Germany to Albania, in the midst of war-and-conflicts and general-news reports about crime-and-justice, has prompted calls for greater politics sensitivity towards children's rights and protection of women from violence, particularly advocated by Cologne SPD MP Carolin Kirsch.

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