Bremen BAMF affair

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Former Vulkan administration building in Bremen-Vegesack; since November 2016 “arrival center for refugees” in the state of Bremen and among other things the seat of the Bremen branch of the BAMF .

The Bremen BAMF affair is the name given to alleged violations of the law in the Bremen branch of the Federal Office for Migration and Refugees (BAMF). This concerns possible crimes in connection with asylum applications that were decided in the field office.

In spring 2018, the events came into the public eye. After more than 1,200 cases of fraud were assumed at times, after extensive checks it turned out that the vast majority of the notices had been correctly issued. Of 18,315 positive notices, 165 cases and thus 0.9% were criticized. In 307 of the 43,000 test procedures completed, including around 18,000 in Bremen, the already recognized protection status was revoked. On the other hand, 99.3% of the asylum notices issued were correct. In April 2019, the number of revocations and withdrawals was reduced again to 50 cases. The rate of revoked notices is thus below the national average.

Since mid-2018, there has been a discussion as to whether it was not a political scandal but a media scandal, because the original reports of suspicion by NDR and Süddeutscher Zeitung were based on insufficient evidence and were adopted by other media without distancing.

Bremen branch of the BAMF

In terms of personnel, the BAMF branch in the state of Free Hanseatic City of Bremen was headed for around 23 years by Ulrike Bremermann, most recently government director. After her disciplinary replacement, Josefa Schmid was temporarily commissioned with the management in January 2018. Her relocation to Bavaria became known on May 9, 2018, on May 23, 2018 Federal Interior Minister Seehofer ordered that no asylum procedures may be decided in the Bremen branch until further notice.

The BAMF's branch office in the state of Bremen was previously located in a former office building in Bremen - habenhausen , Steinsetzer Straße 12 for decades. The central reception office (ZASt) of the state of Bremen was also located in the same building.

The Bremen branch office of the BAMF has been located in Bremen-Nord since November 2016 , in the former administration building of the former large shipyard Bremer Vulkan (1893–1997) in Bremen- Vegesack , Lindenstraße  110. The Vulkan administration building was built in 1975 and stood after the shipyard's bankruptcy 1997 temporarily empty and was renovated and partially rebuilt from November 2015 to October 2016. The building has a net floor plan of 18,900 square meters. Since November 2016 it has served as the "arrival center for refugees" in the state of Bremen and has since been the seat of the following institutions:

  • Bremen branch of the Federal Office for Migration and Refugees (BAMF)
  • Reception facility (EAE) of the state of Bremen
  • Central Admission Office (ZASt) of the State of Bremen
  • Health Department (branch of the Bremen Health Department)

At the new location, the BAMF branch office initially had 60 employees. In May 2018, the Bremen branch of the BAMF had around 50 employees.

prehistory

Complaints about Ulrike Bremermann had already been received in Nuremberg in 2014 because, among other things, she surprisingly helped two rejected Iraqis to be recognized as refugees in Germany. On a Sunday in the summer of 2015, Ulrike Bremermann entered another 25 Iraqis who had actually already applied for asylum in Austria via the computer system, thus enabling them to stay in Germany.

After researching the Nürnberger Nachrichten and Frontal 21, the former BAMF director Frank-Jürgen Weise was informed about the situation in Bremen in the summer of 2016. In the summer of 2016, Lower Saxony's regional president, Hauke ​​Jagau , sent an email to Weise: An attempt to deport had been canceled by the non-responsible branch in Bremen. Jagau received an email two weeks later. Weise had an employee confirm receipt of Jagau's letter. The facts called for “more in-depth investigations that have already been initiated”. Because of the “importance of the matter”, however, an investigation could “take a while”.

Lower Saxony's Interior Minister Boris Pistorius also wrote a letter to the BAMF after he learned of the events in August / September 2016, but it remained unanswered. Pistorius also spoke of communication problems at both the BAMF and the Federal Ministry of the Interior. The background was a case in which the Bremen branch had granted asylum to a family after they wanted to deport Lower Saxony.

In June 2017, the management level of the Federal Office received another fire mail from a senior official at the Bremen branch. In this, he referred to processes with "extreme explosiveness". The email was sent to Rudolf Knorr, Head of Operations, Controlling and Statistics at the authority. The authority must act urgently, demanded the Bremen official, evidence of the goings-on could already have been deleted. Although the BAMF management repeatedly received information about the Bremermann, the authority only filed a criminal complaint in November 2017.

While the Federal Chancellor Angela Merkel was aware of the general overburdening of the asylum authority through personal conversations with the Commissioner for Refugee Management Frank-Jürgen Weise in March and May 2017, the Federal Ministry of the Interior and the Federal Office for Migration and Refugees did not have the Federal Minister of the Interior Horst Seehofer for weeks Bremen asylum scandal informed, although they had internal information about it. The President Jutta Cordt apparently did not even inform her top employer Seehofer during his inaugural visit to the BAMF on April 6, 2018. On that day, Seehofer expressly praised the Federal Office for its “excellent work”.

The person responsible for the Federal Office in the Ministry of the Interior, the head of the Department for Migration, Refugees and Return Policy, Ministerial Director Norbert S. does not want to have knowledge of the Bremen event until April 19, 2018, on the same day as the surprised Seehofer. The report of the internal audit of the Bamf had been sent to the ministry weeks ago. However, it did not go to the Migration Department, but to the Central Department of the Ministry.

A forged decision from Bremen appeared in the BAMF branch. The deputy head of department in Bremen wrote an internal report in October 2017 and spoke of a "fake so perfect" that he feared that "the perpetrator came from the ranks of the BAMF". A criminal complaint was filed.

Josefa Schmid , head of the branch since January 2018, sent a report to the Federal Ministry of the Interior in April 2018, in which she wrote of at least 3332 asylum applications that were illegally processed in Bremen. Schmid gave the BAMF headquarters joint responsibility for the allegedly illegal machinations of her predecessor Bremermann and other people. She expressed the suspicion that the headquarters could be involved in the case because the management of the BAMF had not responded to information from employees for years.

On May 8, 2018, Schmid was transferred back to the Deggendorf branch. Since the staff council was not involved, the transfer was formally illegal. However, on May 9, Schmid failed with the application to have the transfer by the Bremen Administrative Court temporarily prohibited because she was not threatened with serious and unreasonable disadvantages. She filed a complaint with the Bremen Higher Administrative Court . BAMF insiders spoke of a punishment transfer because of too clear and critical words against the management of the BAMF. On June 27, the Bremen Higher Administrative Court ruled that the transfer was not based on inappropriate reasons or on insufficient consideration of Schmid's concerns.

accused

The Bremen public prosecutor's office accuses Ulrike Bremermann, "the former head of the Bremen BAMF office, together with lawyers who specialize in asylum law, an interpreter and another suspect, of guiding asylum seekers to Bremen in a gang-like manner and providing them with unjustly issued residence permits."

The senior government councilor Bremermann (57 years old), who was suspended in 2017, is said to have drawn up hopeless asylum procedures in around 2000 cases from 2013 to 2017 and brought them to a positive conclusion for the applicants. She is represented by the lawyer Johannes Eisenberg .

The accused lawyers were Holger Sch. from Bremen (55), former partner of Bremermann, the Jeside Irfan C. (39) from Hildesheim and Cahit T. (41) from Oldenburg .

Investigations

Internal audit of the BAMF

After the incidents became known, an internal audit was initiated by the BAMF. The results of the final report became known in August 2018 and showed that the scandal is much smaller than initially assumed. Of 18,315 positive notices, 165 cases and thus 0.9% were criticized.

Previously, a report by the BAMF's internal auditing department on May 11, 2018 asserted that the Bremen branch office was only responsible for 142 cases of 1,371 asylum procedures examined between 2013 and 2017. There were also “serious errors” in these procedures. In 54 percent of the Bremen decisions, there was no admissible application. In breach of regulations, around 40 percent of the cases, the identity of the asylum seekers was not clarified. Many procedures are "to be assessed formally and materially as faulty". They have massively violated applicable law, security regulations and internal instructions and granted asylum without sufficient basis. For example, the former head of the agency “fetched files from various filing systems” in order to “modify the applications in the interests of the lawyers involved”. The identity of Syrian and Iraqi applicants in particular was not checked, although there were indications that they were Turkish nationals or “suspicious clan members”.

Shortly afterwards, however, essential parts of the audit report had to be corrected in favor of the Bremen branch: The BAMF admitted that the Bremen branch was "temporarily responsible for applicants from other areas of responsibility". According to an instruction from the BAMF headquarters in December 2014, BAMF branch offices were supposed to relieve the state admissions authority in Lower Saxony. Internal auditing was "not aware of this at the time of the audit". The number and type of abnormalities were also clearly revised downwards: In 975 of the 1336 cases, only “formal errors” were found, but the outcome of the decisions was not questioned. In 578 cases out of 1,336 investigated notices, the decision was legal at the time, but a revocation was necessary due to a change in the factual or legal situation.

The statement in the internal auditing report was also incorrect; other employees as well as the deputy head of department were classified as "accused" by the Bremen public prosecutor's office. The public prosecutor's office corrected that so far only the former head of office has been accused.

Examination of the Federal Office for the Protection of the Constitution

An examination by the Federal Office for the Protection of the Constitution revealed that the Bremen branch had granted asylum status out of a total of 18,000 positive asylum notices since 2000 at least 115 persons relevant to the intelligence service. These people are monitored by the intelligence service. One of them is currently classified as a threat , and another person belongs to the Islamist spectrum . The exact reasons for monitoring the other people are not known in detail. It is possible that some of the people are not suspected of extremism themselves, but are in contact with suspicious people. It is still not known in how many of the cases the surveillance or the reason for the surveillance already existed at the time of the asylum decision.

Investigations by the public prosecutor's office in Bremen

The public prosecutor is investigating (to date) against the former head, Ulrike Bremermann, her deputy, five other employees of the branch office, three lawyers, an interpreter and a "mediator".

Ulrike Bremermann's smartphone was tapped.

On April 20, 2018, investigators searched the private apartment of the former head of the Bremen branch of the Federal Office, Ulrike Bremermann, on suspicion of bribery and inducement to abusive asylum applications in around 2,000 cases from 2013 to 2017, as they attracted hopeless asylum proceedings and led to a the applicant should have achieved a positive result.

Federal Police

At the end of May 2018, the Federal Police started investigations into the asylum affair as part of a joint investigation group that also includes the Central Anti-Corruption Office (ZAKS) and the Bremen State Criminal Police Office .

Review of further branch offices

As a result, the affair of illegal residence permits for refugees drew wider circles. After the Bremen branch office of the BAMF, decisions from ten other branch offices of the authority are now to be examined. These are Bonn , Dortmund , the now closed positions in Bad Berleburg , Diez , Bingen , Schweinfurt , Rendsburg , Zirndorf , Neustadt (Hessen) and Eisenhüttenstadt .

The so-called protection rate , which deviated from the national average and was above the average, the so-called reference protection rate , was noticeable at the locations to be examined .

Special meetings of the Interior Committee of the Bundestag

In the first special meeting of the Interior Committee of the Bundestag on May 29, 2018, the Federal Ministry of the Interior, Horst Seehofer and the current BAMF head Jutta Cordt were asked about the events in Bremen. In a second special meeting of the Interior Committee on June 8, 2018, the Chairman of the General Staff Council of the BAMF, Rudolf Scheinost, BAMF boss Jutta Cordt and her two predecessors Frank-Jürgen Weise and Manfred Schmidt were heard. The meetings of the Interior Committee took place behind closed doors, so that only sparse, yet very characteristic information reached the public.

While Frank-Jürgen Weise consistently stuck to his version of an individual criminal case, according to the Bild newspaper , Rudolf Scheinost is said to have declared to the committee that the conditions in the Bremen branch office were by no means an individual case within the BAMF: “Bremen is in every branch office ". Scheinost underlined the "structural deficiencies" at the BAMF and explained how overwhelmed the authority was due to the hasty expansion and at the same time unrealistic requirements for accelerating the processing of asylum applications in the high phase of the refugee crisis in 2015/16. According to Scheinost, Weise urged the BAMF decision-makers to put “speed over care and quality”.

For the employees, conditions like in Bremen would be more the normal case, and there are just such decisions and non-decisions in other branch offices of the BAMF as in the controversial Bremen office.

In the third - again non-public - special meeting of the Interior Committee on June 15, 2018, the former Federal Interior Minister Hans-Peter Friedrich (CSU), Thomas de Maizière (CDU) and the former Chancellery Minister and refugee coordinator Peter Altmaier (CDU) were heard. During de Maizière's term of office (2013 to 2018), there was a dramatic increase in the number of refugees. Maizière stated that he was not concerned with the grievances at the Bremen branch of the BAMF. "Of course, as Minister of the Interior, I have full political responsibility for all processes that have taken place in my division during my term of office." And: "Everyone knew how difficult it is at the BAMF, and everyone wanted quick, quick, quick decisions that causes problems was also clear to everyone back then. That shouldn't be forgotten today. "

The former Interior Minister Hans-Peter Friedrich (CSU), (Interior Minister from 2011 to 2013) responded to criticism regarding personnel and structural deficiencies, insufficient preparation for the large number of cases to be processed by the BAMF in the run-up to the refugee flood 2015/16: “It In 2013 and during my tenure, it was completely beyond anyone's imagination that there could actually be a federal government that would flood the country with hundreds of thousands of refugees, rejecting the Dublin Agreement and disregarding all German and European laws. And that was not foreseeable in 2013 at the end of my term in office. ”“ It was not foreseeable at the time that such a political failure would actually be hit with such devastating effects ... And the consequences are still noticeable today. We are still suffering from it. "

Investigations (also) against refugees

At the beginning of June 2018, the police's investigations were extended to include refugees. The Bremen State Criminal Police Office is to set up an investigation group comprising around fifty officials, "Application", which will also include federal police officers.

The group is not only supposed to investigate the former head of the BAMF branch in Bremen Bremermann, several other employees, lawyers and interpreters, but also against refugees. It concerns criminally relevant cases in which the applicants have provided false information about their personal details, or there are doubts as to their accuracy, or in which falsified papers have been presented.

According to the internal audit report of the BAMF (already mentioned above), the nationality and ethnicity of the asylum seekers were not clarified in 553 of the 1371 Bremen cases examined, and in 439 cases fingerprints were not taken at all or were taken late.

Pending investigative proceedings should be submitted to the federal states in which the respective refugees live.

Reactions

Reaction of the Federal Minister of the Interior

On May 23, 2018, Federal Interior Minister Horst Seehofer banned the Bremen branch from making asylum decisions. The ban applies until the investigation and ongoing reviews have been completed.

On May 29, 2018, Federal Interior Minister Horst Seehofer apologized “on behalf of the Federal Government” to the population for the proceedings at the Federal Office for Migration and Refugees in Bremen. It is a "solid, bad scandal," said Seehofer after more than five hours of deliberations by the Bundestag interior committee .

On June 15, 2018, Federal Interior Minister Horst Seehofer dismissed President Cordt from her position due to the BAMF affair.

More reactions

After the final report of the internal auditing of the BAMF found significantly fewer violations than initially assumed, the Pro-Asylum managing director Günter Burkhardt spoke of a catastrophic public effect: “The impression was given that people from war and crisis areas were wrongly protected . The responsible Federal Minister of the Interior has also reinforced these prejudices through his actions. "

Christian Lindner , FDP parliamentary group, told Bild at the beginning of June 2018 : “The sum of the inconsistencies makes a parliamentary committee of inquiry more and more necessary.” The parliamentary group submitted a corresponding application. Otto Schily (SPD) also expressed this opinion ; Sigmar Gabriel (SPD) spoke out against it.

At the peak of the reporting in early June 2018, according to a survey by the ZDF Politbarometer, 64 percent of Germans were in favor of setting up a committee of inquiry to clarify the events.

The taz wrote about the affair in May 2018: "Ulrike B. deserves awards".

Criticism of media coverage

Shortly after inconsistencies in the allegations were uncovered, criticism of the media's behavior in reporting was raised. The legal scholar Henning Ernst Müller was influential, and since June 2018 he has sharply criticized the journalists from Süddeutscher Zeitung, NDR and Radio Bremen in a constantly updated article in the online section of the CHBeck Verlag . He accused them of having "first committed character assassination" and "then researching" because they had invoked a paper from the investigative bodies without having checked the validity of the allegations themselves. Further allegations came from Lorenz Matzat that the criticized media needed a better error culture, or Benno Schirrmeister, who discussed improper cooperation between the public prosecutor and the media association and particularly complained that the media had relied too much on Josefa Schmid without her own interests and lack of interests Examine skills.

The criticism attaches itself to the journalistic form of the suspicion reporting, especially if it relies on a "privileged source" than the statements are accepted by the authorities and which would not need to be verified through their own research. In his first contribution, Müller stated that “journalists [should] know what their reports can do to an investigation. The research has to be all the better and more well-founded ”and he was horrified when he discovered that the initial reporting had dispensed with checks.

The person in charge at the research network, Christine Adelhardt, however, stated: “We researched as well as we could in both directions. We cannot do anything about what is made of it politically. ”The daily newspaper's media department reported that those affected successfully took legal action against media reporting. For example, attorney Johannes Eisenberg managed for the former head of the BAMF branch office to have Zeit online delete a post in which the Bremen public prosecutor's office inadmissibly prejudiced the accused. Also , the mirror must contribute not spread without revision more.

Indictment

On September 19, 2019, the Bremen public prosecutor announced that it had brought charges against the government director Ulrike Bremermann and the two lawyers Irfan C. and Cahir T. The three are charged with a total of 121 crimes. According to the public prosecutor's office, the three accused are accused of violating asylum and residence rights, accepting and granting benefits as well as forging documents and breaching official secrets over a period of almost four years. All three accused deny the allegations. At the same time, the Bremen public prosecutor's office applied to the regional court for a provisional professional ban against the two lawyers accused. They are accused of a "multitude of residence, asylum and document offenses".

In January 2020, the responsible chamber of the Bremen Regional Court was released from the receipt of new cases in order to decide whether the indictment should be admitted in the interim proceedings . She expects a decision on this by summer.

Individual evidence

  1. Bremen BAMF scandal smaller than expected? , on tagesschau.de
  2. Only a few refugees have obtained the right to stay , on sueddeutsche.de
  3. "Bamf scandal" continues to shrink , on taz.de.
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  8. Ex-BAMF boss Weise already informed in 2016. In: zdf.de, May 22, 2018
  9. “Go noiseless”: The spicy BAMF announcement. Headquarters in Nuremberg were repeatedly referred to the Bremen scandal. In: Nürnberger Nachrichten, May 21, 2018
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  12. ^ Committee of inquiry into the BAMF scandal. The hesitant opposition. In: Spiegel Online, May 26, 2018
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  17. Andrea Dernbach: Escape and evasion in the Bremen branch. In: Tagesspiegel, May 11, 2018
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  41. Questionable asylum granting Bamf branch in Neustadt in Hesse is being examined. In: Hessenschau May 23, 2018
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  74. district court examines prosecution in Bamf affair until the summer. In: arcor.de. Retrieved May 17, 2020 .

Coordinates: 53 ° 10 ′ 40 "  N , 8 ° 35 ′ 40"  E