Asyleaks

ASYLEAKS is Jovanovic Ljubomir, is an asylum seaker who reports about his experience in asylum procedures in the European union.

Mister Jovanovic was very inspired by Julian Assange’s Wikileaks. Asyleaks is in some sens like Wikileaks but focused on secret manipulation linked to global trafficking in asylum.

ASYLEAKS investigates the inhumanity, racism, scandals (transparent and non transparent secrets) from all involved institutions in the asylum procedures in the EU.

Septembre 2024 Bruxelles Belgium 

HISTORY

 Lunatic asylum - Wikipedia

The lunatic asylum, insane asylum or mental asylum was an institution where people with mental illness were confined. It was an early precursor of the modern psychiatric hospital.

 What is the most famous insane asylum?

Bedlam in London, UK is where the common English word “bedlam” originated. It opened in 1247 and is owned by Britain’s NHS today. It was a mental hospital.

MODERN ASYLUM

new meaning of the word asylum

shelter or protection from danger

status catégorie

1. political refugee

   the protection granted by a state to someone who has left their home country

2. Civile war refugee

   A person who leaves their country to escape from the effects of armed conflicts (direct effects of fighting, assaults of combat troops, displacements etc.)

3. Medical regularisation

   apply for a medical regularisation if a person is seriously ill and the treatment needed is not available or accessible in their own country.

 

JURIDICAL ASPECT

Universal Declaration of Human Rights

The Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948

Article 14 :

1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.

2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Geneva convention

Convention Relating to the Status of Refugees

The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951 is a United Nations multilateral treaty that defines who a refugee is and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum.

ASYLEAKS comment :

We can recognise that formerly everything seems ideal, perfect, organised in asylum procedures. How it functions in practice in reality, the ASYLEAKS will present secret manipulation , trafficking behind curtains.

 

FINANCIAL ASPECT

Europeen Parliamentary Reshearch Service

Link (no longer available): http://www.europarl.europa.eu/thinktank/infographics/migration/public/index.html?page=budgets

Budget asylum, migration, borders and the EU budget EU Funding inside the Union

in 2014-2020:

“In the fields of migration, asylum and borders, the EU utilises funding tools to complement Member States’ efforts within the Union. The two main funding tools used to this effect are the Asylum, Migration and Integration Fund (AMIF) and the Borders and Visa strand of the Internal Security Fund (ISF). Both are part of what the EU spends on home affairs, which also includes the financing of relevant EU agencies, amounting to a total budget of €9.26 billion for the 2014-2020 period

In particular, AMIF has a budget of €3.14 billion, and ISF Borders and Visa has a budget of €2.76 billion, amounting to €5.9 billion in total.”

Budget asylum, migration, borders and the EU budget EU Funding inside the Union

in 2021-2027:

Link : Asylum, Migration and Integration Fund (2021-2027) - European Commission (europa.eu)

Deal on EU funds for common asylum, migration and integration policies up to 2027

Press Releases LIBE 09-12-2020 - 14:21

On Wednesday, EP and Council reached a political agreement over the budgetary priorities of EU asylum, migration and integration policies over the next seven years.

The renewed Asylum, Migration and Integration Fund (AMIF), part of the Multiannual Financial Framework for 2021-2027, will amount to €9.882 billion in current prices.

special notice

   The renewed Asylum, Migration and Integration Fund (AMIF), part of the Multiannual Financial Framework for 2021-2027, will amount to

  €9.882 billion in current prices.

  General feeling is this financial presentation is not precise enough, nor with necessary details present to be able to understand what institution

  and for what purpose this money will be used.

Illustration

  Belgium governement received 179 million euros.

  Brussels Asylum administration recieved about 90 millions euros.

  In this moment it’s well known that 8000 migrants live without money on the streets of Brussels. This number will increase everyday. This fact provoques automatically the questions : if Brussels asylum administration already received enough money to organise human condition life, accomodation and food for asylum seekers, why are they on the streets without money ? What happened with this money ? Is this money pratically a robbery from the european parliament, european tax payers and asylum seekers themselves ?

suspicions

  It’s very suspect that FEDASIL – as direct responsible for organising accomodation and food for asylum seekers - was obligated by the labor tribunal in brussels to give asylum seeker their guarenteed rights for accomodation and food.

  Concretely, FEDASIL violated the european human right convention

  article 3 - inhuman treatment in 6000 cases.

Conclusion

  Even more suspect is, why the prosecutor from King's Prosecutor's Office together with the jugdge from the labor tribunal never reacted neither punished responsible advocates and the director from FEDASIL to stop this unbeleivable big amount (6000 cases) ?

  It gives the feeling that the prosecutor together with the judge, as justice system, conciously close their eyes, and in that way, support burocratic racism against asylum seekers in Belgium.

  In that sense, the phrase « welcome refugees »

  sounds like cynicism and a farce.

  Finally, those informations are proof that it is necessary to make a journalistic investigation on how the AMIF budget will be used or missused in all europe.

  Anycase, this question is under the authority of OLAF – EU Parliament

OLAF (European Anti-Fraud Office)

OLAF (European Anti-Fraud Office) - EUR-Lex (europa.eu)

The European Anti-Fraud Office (OLAF) was established in 1999 by Decision 1999/352/EC, ECSC, Euratom with the main purpose to investigate corruption and serious misconduct within EU institutions, as well as fraud against the EU’s budget. The legal framework that defines OLAF’s powers and competences is Regulation (EU, Euratom) No 883/2013 (the OLAF Regulation).

  It’s especially mysterious why OLAF was never active to prove the legality or illegality of AMIF’s using.

There doesn’t exist any report from OLAF about AMIFs use or missuse.

attention

  For one objective financial analysis it’s necessary that any journalist

  official ask the European Parliament and Belgian governement for adequate documentation, that is the necessary way to begin an objective analysis.

 

PRESS INVESTIGATION - RACISM IN MIGRANT POLITICS

-Belgian Migration Minister 'systematically violating right to reception for asylum seekers' (brusselstimes.com) :

Belgian Migration Minister 'systematically violating right to reception for asylum seekers'

« The French-speaking Brussels Labour Court has found that, under the State Secretary for Asylum and Migration, Sammy Mahdi, there is a "deliberate, coordinated and sustained" violation of asylum seekers' right to reception in Belgium. »

-Racism plays a key role in migrants’ exclusion and violations of rights in the European Union - European Network Against Racism (enar-eu.org) :

RACISM PLAYS A KEY ROLE IN MIGRANTS’ EXCLUSION AND VIOLATIONS OF RIGHTS IN THE EUROPEAN UNION

« Several EU Member States for instance made it clear that irregular and Muslim migrants were not welcome. African migrants, many in need of humanitarian protection in Europe, were framed by politicians and other commentators as ‘economic’ or ‘illegal’ migrants. Beyond discrimination, such measures reinforce criminalisation in migrants’ integration path. »

 

-'Belgium remains marked by racism,' new study finds (brusselstimes.com) :

'Belgium remains marked by racism,' new study finds

Moreover, racist abuse - that is, discrimination based implicitly or explicitly on one's national or ethnic origin - was by far the most commonly reported type of discriminatory behaviour, leading to 735 cases being opened last year.

-Belgium's asylum crisis (theparliamentmagazine.eu) :

Belgium’s asylum crisis

Belgium’s failure to meet its obligations to asylum seekers is not just a political and humanitarian issue but also a crisis of the rule of law, reports Sarah Schug

« However, the French-speaking Labour court in Brussels has condemned Fedasil more than 6,000 times – a number so high it led to a symbolic burial ceremony organised by law professionals and civil society groups in December 2022, who laid the rule of law to rest in front of the offices of the Federal Ministry of Justice. »

« Without political willingness, court decisions are just paper »

« Every two years, new homeless statistics are published. While in 2020, 5,313 were registered, the number rose to 7,134 in 2022. »

-Greek coast guard shoots man on migrant smuggling boat | CTV News :

Greek coast guards open fire on migrant smuggling boat after alleged ramming, killing 1 passenger

 

-Italian Prosecutor Seeks 6-Year Jail Term for Matteo Salvini Over Migrant Blockade - https://eutoday.net:

Italian Prosecutor Seeks 6-Year Jail Term for Matteo Salvini Over Migrant Blockade

« On Saturday, an Italian prosecutor requested a six-year prison sentence for Matteo Salvini, the leader of the right-wing “League” party for his 2019 decision to prevent over 100 migrants from disembarking in Italy. »

-The Illusion of Asylum Seekers Rights in Belgium.pdf (vifa-recht.de) :

The Illusion of Asylum Seekers’ Rights in Belgium

 

https://institutfederaldroitshumains.be/fr/etat-de-droit-le-double-standard-de-la-belgique

attention original text in french

État de droit : le double standard de la Belgique

Federal Institute for the Protection and Promotion of Human Rights

Martien Schotsmans and Petra Baeyens

Friday 02/02/2024

translated in english

Rule of law: Belgium's double standard

Since 1 January, Belgium has held the presidency of the Council of the European Union. In this role, our country presents itself as a staunch defender of the rule of law and democracy. Our political leaders are rightly concerned about the erosion of the rule of law in some European countries. But we cannot ignore the situation at home, where the authorities continue to violate a fundamental democratic principle: the implementation of court decisions.

Over the past ten years, the Belgian state has been condemned many times for human rights violations. Our prisons remain infamous for their overcrowded cells and the backlog of cases, which undermines the right to a fair trial, has dragged on for more than ten years. For more than two years, asylum seekers have been sleeping on the streets even though they have the right to a reception place. The convictions of the Belgian state are piling up and the counter already exceeds 9,000.

 

Guaranteeing fundamental rights

Do you think that your rights have not been respected? You can then take legal action.

The implementation of court decisions is one of the foundations of the rule of law. But in Belgium too, it is eroding and the consequences could be disastrous. Authorities that do not apply their own laws can give rise to a feeling of impunity and injustice and thus lead to a loss of confidence in our democratic system.

Reception crisis: more than 9,000 convictions

The European Court of Human Rights was not gentle in July 2023 when it condemned Belgium for violating the right to a fair trial. The Court found a “systemic failure by the Belgian authorities to execute final court decisions relating to the reception of applicants for international protection”. It considered that the Belgian authorities had clearly refused to comply with the injunctions of the domestic court.

In September 2023, the Council of State suspended the decision of the Secretary of State for Asylum and Migration to no longer offer reception places to single men seeking asylum because it considered that the decision violated Belgian reception law. The Secretary of State has not changed her policy, however.

Threat to the rule of law

What is the value of a court decision if it is not implemented? The Belgian state's shortcomings in this regard pose a serious threat. Not only in the context of the reception crisis, but also in many other areas and for the rule of law in general. The Federal Institute of Human Rights calls on politicians to recognise that this is an urgent problem and to commit to conscientiously implementing the decisions of the courts and tribunals.

It is essential that Belgium takes respect for the rule of law seriously, not only in its words but also in its actions. Only then can our country be credible in making the promotion of the rule of law a priority of its presidency of the Council of the European Union. 

https://www.revuepolitique.be/pourquoi-la-belgique-ne-respecte-plus-letat-de-droit/

attention original text in french

Belgique : pourquoi nos gouvernements ne respectent plus l’État de droit ?

translated in english

Belgium: why do our governments no longer respect the rule of law?

Social rights • Politics

11.09.2024

Edouard Delruelle and Editorial

Édouard Delruelle is a professor of political philosophy at ULiège

The situation is serious. Many associations and specialists continue to warn us: Belgium is experiencing a situation unknown since 1945, flouting its own fundamental democratic rules for two years. How can the Belgian government not respect its own law? What can we do to save the rule of law? Interview with the philosopher Édouard Delruelle, to understand the political and material significance of this alarming situation .

Belgium, a “social state of law”

Politics : The fundamentals of the rule of law, the police and justice are often seen as the preserve of liberal or right-wing parties. On the other hand, social rights seem to be more valiantly defended by the left, particularly with regard to labor law. Is this distinction convincing? Is it enough to explain the lack of reaction from left-wing parties when the state does not respect court decisions?

Édouard Delruelle : First of all, we must move away from a liberal definition of the rule of law, often taken up by its Marxist opponents. The liberal paradigm opposes "liberty rights" to "credit rights". "Liberty rights" would be rights that impose a limit on state intervention in favor of personal freedom. They are conceived as attached to the individual and enforceable against the state. Conversely, "credit rights" would be rights where state intervention is requested, as for pensions, education, public services, social security or labor law. In this jargon, "credit rights" are therefore rights linked to the welfare state.

So it is the liberal conception of the rule of law that is wrong?

A state of law, I repeat, is not a state that is subject to natural rights, but a state where individuals, and in particular " those at the bottom " - " the subalterns " to use a term from Gramsci - are able to fight effectively to obtain new rights, and to defend acquired rights (in fact always conquered) when they are attacked or threatened.

…

The diagnosis

Let’s get back to the concrete problems. The 2023 report of the Human Rights League is alarming:

“For almost two years, the federal government has not complied with court decisions on the issue of the reception of asylum seekers. Since October 2021, many people have been forced to turn to the courts to assert their right to reception. Thousands of court decisions have ordered Fedasil to comply with the law and provide a reception place. Despite these decisions, reception places are still not allocated immediately and single men are now excluded. This means in concrete terms that people have to live on the streets for weeks or even months or find a solution themselves. In addition, the penalty payments imposed on Fedasil by the court have never been paid. Many other court decisions have been issued in favour of asylum seekers, aimed at forcing the government to comply with the law; they have all remained a dead letter…”

 

EU ASYLMAFIA POLITIC

Migrants pact =

CRIMINALISATION AND PUNISHMENT OF MIGRANTS

- https://www.youtube.com/watch?v=86UeVXyvevs

scene in the EU parliament migrants pact debate on 21 july 2024

Ewa Zajączkowska Hernik MEP talking to Urusla Van der Leyen, EU Commission parliament

citation :

 « …, you are the face of the Migration Pact, and I address you as woman to woman, as mother to mother. How can you not be ashamed, promoting something like Migration Pact, which leads to millions of women in Europe and children feeling threatened on the streets of their own cities.

You are responsible for every rape, for every assault, for every tragedy caused by the influx of illegal migrants, because it is you who are inviting these people here to Europe. And for what you do , for what you do, you should go to prison and not to the European Commission. »

ASYLEAKS comment

I completely agree with this last statement directly related to madame Von Der Leyen :

You are responsible for every rape, for every assault, for every tragedy caused by the influx of illegal migrants, because it is you who are inviting these people here to Europe. And for what you do, for what you do, you should go to prison and not to the European Commission.

 

https://picum.org/blog/the-eu-migration-pact-a-dangerous-regime-of-migrant-surveillance/

The EU Migration Pact: a dangerous regime of migrant surveillance

Blog - 11.04.24

« The New Pact on Migration and Asylum ushers in a deadly new era of digital surveillance, expanding the digital infrastructure for an EU border regime based on the criminalisation and punishment of migrants and racialised people. »

ASYLEAKS comment

The presented document shows the Asyle politic function as « global mafia »