Will the German climate activist Anja Windl be expelled from the republic? The human rights organization Amnesty International has criticized the treatment of the Germans and fears an intimidating effect.
After the questioning of German climate activist Anja Windl (26) by the Federal Office for Asylum and Immigration (BFA), Amnesty International expressed further criticism on Friday. The human rights organization spoke of a “bitter milestone in the criminalization of climate protests in Austria”. The 26-year-old German received a summons from the BFA at the end of March because the authorities want to check an expulsion from Austria, krone.at reports.
The BFA’s measures can have an intimidating effect on other activists, says Annemarie Schlack. The executive director of the human rights organization in Austria said: “It is imperative that individuals and groups can peacefully exercise their rights to freedom of expression and assembly to draw attention to the urgent need to address the climate crisis. The criminalization of climate protest sends the worrying message that peaceful activism will not be tolerated in Austria.”
The situation is alarming. “We call on the Austrian government to protect the rights of climate activists to protest peacefully and to ensure that they are not arbitrarily detained, harassed or otherwise intimidated,” the human rights organization said. “Any attempt to silence climate activists through deportation or other forms of criminal prosecution is unacceptable and must be stopped immediately.”
After participating in last-generation protests in Vienna and Klagenfurt, 26-year-old Windl received a letter from the authorities for “interrogation regarding the investigation of a measure to terminate her residence”. She was questioned by BFA officials in Leoben on Thursday. Windl and her lawyer Marcus Hohenecker emphasized that they wanted to defend themselves against the actions of the authorities. Windl also explained that she would continue to work for the climate. “I will certainly not be intimidated,” she said after the interrogation on Thursday.
Can EU citizens be deported?
The responsible Ministry of the Interior has been criticized since the case became known and recently stated to the APA that expulsion of EU citizens is in principle possible if the requirements for the right of residence of EU citizens are not met. “This may be the case, for example, if no health insurance has been taken out or no means of existence can be demonstrated,” said a spokesperson.
It is also permitted to issue a residence ban against EU citizens “if public order or security is endangered by their personal conduct”. In any case, the personal conduct must “represent a real, current and significant danger affecting a fundamental interest of society,” the ministry said.
However, administrative violations alone, even if they are legally effective, cannot be grounds for expulsion, European and constitutional lawyer Walter Obwexer of the University of Innsbruck stated in the Ö1 “Morgenjournal” on Thursday. That would require “first a serious crime, such as very serious bodily harm or murder or theft, and then the risk of another crime being committed,” Obwexer said. “Having only committed a serious crime and been convicted of it without the risk of another crime being committed is also not sufficient for deportation.”
Source: Krone
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