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Germany jails Human Rights activists of The VOICE refugee forum

Germany jails Human Rights activists of The VOICE refugee forum (N.R.W.) and political activist of the Southern Cameroons in a dramatic antideportation case on July 16 2001 to Togo.

Cho Lucas Ayaba on friday the 13th December 2003 went to jail in Justizvollzergsanstals Casotrop-Rausel(near Dortmund) Lerchen Str., 4445 81 Castrop-Rausel. This is following a letter from the German Staatanwaltschaft- Hagen.

Please send protest faxes to the below office address of the German State prosecutor

Staatanwaltschaft Hagen
lenzmann str 16-22
58095 Hagen
Tel 02331 393 225
Tax 02331 395 336

Copy Mr Ayaba's lawyer at . Dr. Michael Von Glahn at Tel: 02381 59409, Fax: 02381-580098.

The background of events:

Two years ago, Ayaba returned from a futile weekend attempt to participate in a
demonstration against the G-8 nations in Genoa, Italy. As he returned to the
refugee camp where he shared a 30sqm room with six other persons, one of his
room mate, Alirou Ayoua from Togo was unusually absent. Ayaba had been
living in this room for almost three years, waiting for his appeal against
the rejection of his asylum application to be heard. His Togolese room mate
had been waiting under very traumatising circumstances for six years

Mr.Aylirou Ayoua viewing the very traumatising situation, had made up his
mind to return to a third safe country, most probably Ghana rather than face
the German deportation regime which has sometimes lead to the death of
refugees. Ayaba had started contacts to help Mr.Alirou leave Germany without
being forced to stay in the deportation camp. Unfortuanately, the German
foreign authorities went ahead to arrest Alirou and brought him into a high
security prison.Ayaba demanded explanation from the authorities of the
foreign office and as usual no explanation was given
He insisted to know not only as his room mate, but an African and most
importantly a refugee who should be informed about the fate of another
refugee.Before leaving the foreign office Ayaba made it clear that the
unwillingness by these authorities volunteer this information will be met
with protest from other refugees. The next day, many refugees and some
German sympathisers assembled at the Foreigners Office to demand the release
of Alirou. They carried placards and chanted songs calling for Alirou‘s
liberation.

During this almost two hours protest, led by Ayaba, several speeches were
made by the protesters.During the repetition of a particular slogan usually
employed by the German left scene “the nazis kills and the State deports,
this is the same racist pact“, one of the employees of the foreign office
,popped out of the office and shouted in „Racist pact? I accuse you to the
police“.

Few days after the protest action, Ayaba received a complain from the police
accusing him of insulting officials from the foreigners office of being
„racist pacts and criminals“, what ever this may mean.
This accusation was made by four employees at the foreigners office
(Mr.Wolfsheimer, Winkel, Schreiber as principal plaintiff and Miss
Rettinhause) all claiming to have been directly insulted in the execution of
their duty of deportation

Enters the Amtsgericht (Official Court)

Few months after Ayaba deposited an explanation of what actually happened
and also challenging the German asylum regime which is often fraught with
hostility, discrimination and outright hatred, the Amtsgericht called for an
official hearing of the case. Ayaba attend the trial (without a lawyer)
in order not to narrow the case only to the
accusation but also to challenge the German policy of deportation which has
frequently resulted in death of refugees without any public enquiry ever
made or any explanation ever given to other refugees. At the court presided
by the same judge who had in a previous case pitted Ayaba against the city
of Iserlohn (It should be noted that Ayaba had once been in court for
calling on the city to close all refugee camps, which distinguish themselves
as symbols of racism and social exclusion.The city withdrew the accusation
„base on principle“), Ayaba had to cross examine the plaintiffs. After the
cross examination of the first two plaintiffs, the judge called for a break
due to alarming inconsistency and the lack of correlation in their
responses. This ten minutes break which Ayaba strongly protested gave the
four plaintiffs the opportunity to meet to review the frame up charges.The
continuation of the cross examination virtually crumbled the case forcing
the judge to call for a „ gentlemanly understanding“ between Ayaba and the
state prosecutor. The Prosecutor rejected this option, preferring a
judgement to punish Ayaba for his repeated attack on state employees and
institutions. After a few minutes, the judge delivered his short judgement
asking Ayaba to pay 5 Euros a day for 20 days, a decision which was appeal

Enters Landgericht (State or Appeals Court)

The Landgericht heard the entire case including the reasons that generated a
protest in the first place. This time around the judge had two personnel to
help in the decision. During the trial which started with the cross
examination of the accusers, the judge discovered irregularities in the
deposition of the accusers. They had enacted a ploy to stay away from court
because of the embarrassment of the first hearing. They virtually tried to
answer every possible question expected in the trial in their deposition
submitted to the court. This however failed and they were still summoned.
During the cross examination, conducted this time by Ayaba‘s lawyer, it was
clear even to the judge that these were framed up charges. The State
prosecutor got so angry that he threatened one of the accusers (Madam
Rettinhause) of imprisonment if she continued lying in court.
The judge in his judgement threw out the accusation as baseless and untrue.
He however found Ayaba guilty for comparing „German deportation practice, to
the killings of Neo-nazis“.The sentence was reduced from 5Euros times 20days
to 5 Euros times 15 days.Ayaba‘s lawyer immediately found this unacceptable
informing the judge that the „State is an abstract entity“and appealed the
decision.

Enters the Higher State Court (Oberlandesgericht)

The appeal was rejected as inadmissible by the higher appeals court. The
senate of the higher appeals court was solicited but there was no success.

Enters the Federal Constitutional Court (Bundesverfassungsgericht)

The case was taken to the federal constitutional court. Few weeks later, the
case was thrown out.

Enters European Court of Human Rights, Strasbourg France

Due to the increasing cost of the case, Ayaba personally invoked Article 34
of the European Convention on Human and peoples right and submitted an
appeal in Strasbourg France indicating the violation of Article 10 of the
Convention by the State of Germany The court‘s first response was favourable
and a case file was opened.Ayaba‘s lawyer lodged a formal appeal to the
court and a few months later, the court issued a statement prepared to
examine the case and pass a judgement. This is where we are in this case

During this period, the State prosecutor has constantly written to Ayaba
urging payment of the fine or face imprisonment.

Today, 11th december 2003, one day after the 55 years after the
International declaration of Human rights was uninanimously passed by the UN
General assembly, a human rights activist and Secretary General of the
Southern Cameroons Youth League (SCYL) is spending his first day in a German
prison.
As for Alirou Ayoua, he was deported back to Togo after spending seven years
under the most traumatising situation in Germany as hundreds of thousands of
other refugees.

Ayaba's Letter to the Stateprosecutor in Hagen including the above background of events.

Staatanwaltschaft Hagen
lenzmann str 16-22
58095 Hagen
Tel 02331 393 225
Tax 02331 395 336

Dear Mr/Ms. State Prosecutor,

It is close to three days that I have received your last letter.The letter
urges me to pay the accrued fine of 75 Euros and continue unfailingly to pay
the rest. It also offered a possibility of „work“ without pay as an
alternative form of punishment. This letter comes at the heels of a visit of
a prison messenger at my house to ask if I am willing to pay the fine or
not. Obviously I did indicate my unwillingness to respect a partial and
unjust judgement of a prejudiced legal system. Once more let me be plain, I
reject the alternative work plan and reject payment of any fine. There is no
need to issue an arrest warrant because I will wait for you anytime your
enforcers come knocking.

The interest of this letter is not to win your sympathy, but to paint the
true picture of your country with respect to the rule of law, the respect of
human rights and freedom. This country has always postured itself as the
guarantor of human rights and the protection of human dignity as grounded in
Article 1 of your Fundamental laws.

Your country for its convenience faked an insult charge against me as a
possibility of shifting the pressure being mounted by the refugee community
against the abysmal and appalling condition under which they lived.
I think, I should indicate why I am a central theme in this struggle between
maintaining the oppressive political status quo or shifting the equilibrium
to the favour of justice and equality between all irrespective of status or
background.

I came into Germany by some accident of fate. For almost 30 days, I braved
the stormy ocean as the ship in which I was, was wrecked and battered by the
angry sea. It however sailed ashore safely. As someone curious about the
operation of the international system and the functioning of stable
democracies, I came to know more about your country. Not only was I
opportune to learn something about the rage of European totalitarians, my
late father, Anye Ayaba who died this year some 20 years ago, spent a
brilliant part of his youth trying to liberate Europe from the scourge of
Hitlers madness. He fought the Nazis to liberate Europe, so that you and
your compatriots could live a life of tranquillity and build a society
grounded on tolerance, the rule of law, racial equality and the respect of
human rights. He will surely frown at the situation today.

More to this, having been a member of the Social democratic front (SDF)
which based part of its program on the federal system of government, Germany
became a role model, I professed our people could emulate.
To be honest, I believed the tales of your emissaries, god fathers of
democracies sent to Africa. I believed in their passionate plea for
democratisation and the respect for human rights. I took these emissaries
for their words and was sure all of these virtues were the cornerstone of
European development and progress.

My world crumbled infront of me on the 30th of July 1998, when this ship
with its unpaid load of almost 3000 logs of timber ducked in the ports of
Nordenham. As I sneaked myself out of the ship and made into Germany, I was
treated like an alien criminal from some distant planet with hostile
intentions. I asked myself, where is that affection often shown by Europeans
when they come knocking on our door? Where is that compassion? That broad
smile often plastered on your faces in Africa was replaced by rage, anger
and bitterness. Another set of rules was made to govern my existence in your
country.

As a refugee, I was condemned to live in 3sqm of room space while your
German Sherpherd dog has 10sqm.I was condemned by an apartheid law to be
resident within a particular district and leave only on obtaining a payable
permission which is rearly given. Your country lied the world that it was meant to control asylum
misused. They believed you and bagged down as they have done before. Your
government transformed the media from a professional medium of inparting
information to a hysterial instrument of public intoxication about the
dangers of foreigners. This media hysteria fan antisemitism, Xenophobia and
racism. The actions of your government hardened public opinion, strengthened
right parties. Neo-nazis militias roamed the streets, burned down refugee
camps, assasinated foreigners and created an atmosphere of total fear
thereby enhancing the actions of their pre-consuls planted in your
parliaments. Your police force was strengthened and racial profiling became
a norm in the execution of their duties. Right extremists seized the laxity
in dealing with police violence on refugees to get themselves recruited into
the police force to extend their arm of hatred and bitterness.
Your government practiced social exclusion making us more victims of state
security apparatus. We are made more of liabilities than assets to your
country and our homeland.

In the face of all these flagrant disregard for human value, I asked the
question once more, who should be in the duck? Germany that practices
institutionalised racism, social exclusion or myself?

In essence, your country transformed all civilised rules, exported animosity
and bitterness towards refugees across Europe. Yes, your country lied the
world but you failed to convince your consciences.

Your country installed a judiciary that defied every rule of fairness and
impartiality. Justice got peverted, delayed and outrightly denied.

Under such circumstances, I had two choices.Submit to these flagrant
disregard of human values or resist the system and pay the price. For there
comes a time in the life of a human being when you have got to chose between
these hard realities. I didn‘t make any choice. The choice was made for me.
For the consequences of inaction are as grave as the consequencies of
action. But I had to make sure, I will have an answer to these life haunting
questions; what did you do when Germany deported refugees, threw them in
deportation prisons, brutalised them at train stations and bus stops,
socially excluded them, practice segregation on refugees and used them as a
guage to measure public discontent of state policies?

So if I have become the central theme of the challenges from the refugee
end, it is for no other reason than that I was forced to resist.

Deportation is a crime punishable under international law. Hundreds of
refugees have died in this process and many thousand more continue to
languish in high security prison across the length and breadth of this
country. Deportation is a crime because the asylum regime has been a failure
in Germany. It is fraught with irregularities, obstacles and hostile public
opinion.

Your country has redefined the Geneva Convention on the rights of refugees.
Remember this is one of the first post-fascist era conventions that granted
sanctuary to millions of your country men and women.When it favoured you, it
was universal but when it doesn‘t, it is redefined

If your country didn‘t colonised and exploited mine. If your country had not
continue to lend support to the tyrant regime that holds my people in
bondage. If your country didn‘t want to dominate and rule the world. I
would never have become a refugee. I would sure have not been dismissed from
the university. I would surely have graduated from the university to become
like the civil servant who carries out deportation, or like the pilot who
flew Alirou or like you the State prosucotor who persecuted me, or like the
judge who condemned me.I may have become like the police officer who
interrogated me or like the superintendent who will guard me in jail or even
like the Bundeskanler who executes the laws and have the responsibility of
directing this nation. But I didn‘t have that chance.
You may jail me. You may persecute me, but you will never control my mind,
my thoughts and my fundamental believe that freedom is a gift from God and
no nation, people or individual have that right to make a timetable for
other peoples freedom. Sooner or later, it will also be reaffirmed that
„truth temporally defeated is better than falsehood triumphant“. I will
never negotiate my right. For any anyone who breaks a bad law must do so
openly and with the willingness to accept the penalty. This was shown by
Martin Luther. This was upheld by Mandela, the students of Tienamen square,
the School children of Soweto. It is today being reaffirmed in Burma by Aung
Sang Suchi.

As for Alirou Ayoua who was deported and whom I may never see again, as for
all those sitting in deportation camps across this country and Europe and
those who have died during deportation, I will like them to know that it is
for them that I go to jail.

This letter has taken much of my time, deviating my attention to the cause
for which I have dedicated my life-fighting for justice and equal
opportunity for all. Yes, for all, black people as well as white people. I
hope it doesn‘t take much of yours

If I did overstate the case, weigh me on honest scales you will conclude I
am blameless.

Ayaba, Cho Lucas

Human Rights Activists

More information can be gotten by introducing Cho Lucas Ayaba in the www. google.de search machine for previous information . You may also contact
Sabine Patze 01742301569, or 01731889722 Gaston Ebua or Ayaba`s Lawyer above.

Please solidarity donations are needed inorder to support Ayaba`s lawyer's represenation.
Donation to: Sparkasse Iserlohn Name of Account: Sabina Patze -Code: Ayaba/ Anti deportation The VOICE NRW Bank Accout:1581628, BLZ 44550048

The VOICE Refugee Forum.

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