Illegal detentions and deportations
Mr. C is of Malian origin but has a residence permit in Spain since 22 years, valid until 2024. He came to Belgium in 2014 having obtained a work contract. Due to a conflict with his boss who didn’t pay him anymore, he lost his job. Being in need to provide for his small family, he committed an illegal act and was arrested. He spent 7 months and 2 days in prison. At the end of the sentence, he was given an order to leave the territory. Although he wanted to comply and return to Spain, he was taken directly from prison to the airport on the 21st of September for a deportation to Mali.
Knowing very well that this expulsion was illegal, he refused and by consequence he was taken to a closed center.
After more than a month in aclosed center and a after being on hunger strike, the office booked him again a ticket to Mali for the 1st of Januari ’21, even if he had to go to court the next day.
Mr. C suffered a second attempt to be deported to Mali, this time with an escort. He was manhandled by 6 policemen who handcuffed him and tied his feet. Once on the plane, he explained his situation to the passengers and stressed the fact he has a residence card in Spain. He tells us that all the passengers of the flight revolted and shouted FREEDOM, refusing the departure of the plane if he did not get off. Following this failed attempt, he was brought back to the center.
Audio of the expulsion here (in French):
A few days later he went back to court for an appeal. The judge decided again to release him.
But the story is not over. REINCARCERATION
In order to be released, he was told that he had to go to the police in Zaventem to get his identity documents. The airport police handed him his Malian passport but refused to give him his Spanish residence card. He did not accept to leave without being given back his identity documents, and without giving him any further explanation as to why he was not given back his Spanish residence card, the police decided to re-arrest him.
He spent two days locked up in jail without food, with only water, and was then taken again to another center. The police promised him that he would receive his residence card at the new center but that he would have to wait for a new decision for his release.
While he was still locked up, he wondered: what decision other than that of the judge who had decided on his release was being awaited? Which laws are applied? Those of the foreigners’ office or those of the justice?
Audio here : illegality of the detention( FR)
His lawyer also affirms that this detention is completely illegal and that he should be released with an order to leave the territory or at least be repatriated to Spain.
CONTINUATION AND NOT END: this 15/10 /2021, finally he was to be put on a flight to Barcelona!
Reversal of situation: flight cancelled! First he is told that Spain does not want him, then he is told that he will have a flight later on!
Mr. C remains illegally locked up.
Mr. C tells us that in the centers where he has resided many other detainees have European residence permits and that the Office is stubbornly trying to deport them to their “country of origin” illegally.
“The people who have documents, they have problems, those who don’t have documents, they have problems! Always repatriations, repatriations, repatriations.”