It was a Friday morning in early September. Dawud H. * (24) fetches the mail from the mailbox of his private accommodation in Lanzenhaeuser BE. A letter is addressed to him. First he is happy. But when he opens the letter, the blow hits him. It is a message from the Bern-Mittelland public prosecutor’s office. Specifically: a penalty order.
H. is Afghan; in 2015 he fled his home village in the central Afghan region of Daikondi to Switzerland. He is building a new life for himself in the canton of Bern. He starts an apprenticeship, quickly learns German and makes friends. But his asylum applications are negative. On November 7, 2019, a removal order against the young man becomes legally binding, but he remains in Switzerland – illegally. For this he should now be punished retrospectively. He faces a fine of 620 francs or alternatively: 12 days in jail.
Deportations suspended
And this despite the fact that the State Secretariat for Migration (SEM) has officially suspended the execution of evictions to Afghanistan since August 11th. According to media spokesman Reto Kormann, the SEM is currently clarifying what happens to people like Dawud H. who should actually have to leave the country.
In addition: H. cannot pay the fine. “I live with 8 francs a day and I’m not allowed to work even though I want to.” He doesn’t want to go to jail either. Together with his lawyer, he appealed on September 10th. They demand: a withdrawal of the penalty – or at least the possibility of payment in installments or payment through volunteer work.
After an initial request from Blick, the public prosecutor’s office in Bern-Mittelland initially denied issuing penalties for illegal residence against refugees. After submitting the specific case of Dawud H., the Deputy Attorney General Christof Scheurer finally confirmed the ongoing criminal proceedings against the young Afghans. In doing so, he refers to a complaint from the Bern cantonal police.
“My life is here”
It was not until the end of June that Dawud H. narrowly escaped deportation. When he arrives at the migration service in Bern for an exit interview, he is handcuffed. He spends one night in prison and is finally brought to the airport in Geneva. “At that moment I thought to myself: It’s all over now,” says H. In the end, however, he was only questioned. Then he can go.
A few weeks later, on July 22nd, H. submitted a multiple application. Because even then it was clear: Afghanistan would fall. To this day, he has not responded to his request.
Dawud H. is frustrated. “I’ve been here for six years. I lose so much time doing nothing. Instead, I could finish my apprenticeship and finally work. ” He sees himself in a hopeless situation. His future is uncertain: “I can’t go back to Afghanistan. If I stay here, I’ll make myself liable to prosecution. And if I go to another European country, they’ll most likely send me back to Switzerland because I’m registered here. ” Besides, he doesn’t want to go. “My life is here,” he says.