A refugee from Cameroon stands in front of the administrative court Stuttgart in the German state of Baden-Wuerttemberg | Photo: Marijan Mura/picture-alliance/dpa
A refugee from Cameroon stands in front of the administrative court Stuttgart in the German state of Baden-Wuerttemberg | Photo: Marijan Mura/picture-alliance/dpa

An asylum seeker from Cameroon has partially won a lawsuit against a German state because of a police operation in 2018. The court ruled that the use of force by police was unlawful.

Before the Cameroonian's trial began, he held up a sign that read "Black Lives Matter". A few hours later, the judges ruled in his favor, arguing that police measures during a raid in the German state of Baden-Wurttemberg were disproportionate. 

That's according to a notice by the administrative court Stuttgart from Friday (February 19).

The raid took place in May 2018 at the state reception facility ("Landeserstaufnahmeeinrichtung", or LEA) in the town of Ellwangen east of Stuttgart.

The Cameroonian had accused police of intruding into his room at night without a search warrant from a judge and without revealing themselves as police officers. According to the 31-year-old, the officers had forcibly tied him up on the ground and confiscated his mobile phone.

The court determined that the "identification of the claimant, the entering and searching of the claimant's room, as well as searching and pinning down the claimant while using one-time handcuffs" were unlawful.

The raid in Ellwangen had made headlines across Germany in 2018. Two of the police officers who participated in the raid denied taking the Cameroonian's mobile phone and defended tying him up on the ground as "common".

A Cameroonian asylum seeker holds a sign that reads "Black Lives Matter" before his trial about his lawsuit against the German state of Baden-Wuerttemberg | Photo: Marijan Mura/picture-alliance/dpa
A Cameroonian asylum seeker holds a sign that reads "Black Lives Matter" before his trial about his lawsuit against the German state of Baden-Wuerttemberg | Photo: Marijan Mura/picture-alliance/dpa
An asylum seeker from Cameroon stands in front of the administrative court Stuttgart in the German state of Baden-Wuerttemberg | Photo: Marijan Mura/picture-alliance/dpa
An asylum seeker from Cameroon stands in front of the administrative court Stuttgart in the German state of Baden-Wuerttemberg | Photo: Marijan Mura/picture-alliance/dpa
An asylum seeker from Cameroon and his lawyer (left) stand in a hall inside the administrative court Stuttgart in the German state of Baden-Wuerttemberg | Photo: Marijan Mura/picture-alliance/dpa
An asylum seeker from Cameroon and his lawyer (left) stand in a hall inside the administrative court Stuttgart in the German state of Baden-Wuerttemberg | Photo: Marijan Mura/picture-alliance/dpa


First lawsuit unsuccessful

This wasn't the first time the man from Cameroon sued the state of Baden-Wurttemberg: His lawsuit against police measures during his deportation from June 2018 wasn't successful.

That time police had entered his room, too, and later brought him into a police car by force. However, the court ruled that those measures were "justified to enforce the obligation to leave the country".

The claimant was deported to Italy in June of 2018 but returned to Germany in December. ZEIT Online reported that his asylum application from 2018 hasn't been decided yet. The man currently lives in the town of Bad Waldsee in Baden-Wuerttemberg and has, according to his lawyer, started an apprenticeship.

Only days before the Cameroonian's deportation, the planned deportation of a Togolese man was cancelled after hundreds of migrants staged a protest and had tried to prevent the deportation, partly with force.

With dpa

 

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