refugees' library vol. 12 - tatiana und rahmon, dagestan(english)

7.03.20149:35 AM

Administrative Court 33Rahmon N.Tatiana N.Agil N.

Asylum Law – Main hearing -1 Interpreter

You married in 2009. By the end of 2009 your son was born. In 2011 you left your home country. In July 2011 your case was heard. In November 2011 your second son was born. In 2013 you received a notification that there are grounds for deportation. Then you filed a suit against this decision. Is all of this correct so far?

Mrs. N., please leave the court

room. Your replies will be

carrying greater weight if you don‘t hear what your husband is saying.

Judge: Did you attend school and did you accomplish further education?

Plaintiff:I attended 9 grades in school. After that I started to work.

Where?

At several places

actually. I worked in the car mart. I

sold automobile parts.

Here is a map of Dagestan. Please show me where you

used to live.

I come from A...That is a village.

Judge: At the Federal Office you said that you come from Selo.

Plaintiff:Selo?

Interpeter: Selo means “village” in Russian.

The word “selo” that was mentioned in the hearing

means “village” in Russian.

Judge (dictates)

Judge: How old was your wife when you married? Plaintiff:15. Judge:Did you need the permission of your parents for the marriage? Plaintiff:My parents and my wife‘s grandmother decided it. My wife does not have parents. That is our custom.

Judge: Is your marry state-approved and registered? Plaintiff:We married by islamic law.

Please explain why you have left your

home country.

Plaintiff:Because my brother joined the rebels. Due to that we ran into trouble. Judge: What kind of trouble? Please describe it clearly so that I can picture it.

In January my brother wanted to borrow money from me. I gave it to him. Already in February five uniformed people came to see me in the garage.

They wanted to know where my brother was and what he was doing. I told them that I knew nothing. They didn‘t believe me. In the evening they came to my home and beat me.

They beat my wife as well. The child screamed. I begged them to leave my wife alone. I told them that she was sick. She suffers from epi-lepsy. Then three men took me to the police station. But two stayed with my wife in the apart ment.

I was brought to the police stati-on, into a hall. There was a man whose face was bleeding from being beaten up. His jawbone was fractu-red, his teeth were knocked out. I was asked if I knew the man. I said “no”. Then the man was asked. He could hardly speak. The sound that he was making was interpreted as a “yes”. Then they dragged me further. I was brought to a room. Two men asked me if I remember now. I said that I didn‘t know anything. Then I was beaten again.

Judge (dictates)

One of the men stood at the door and laughed. They beat my kidney. I fell down numerous times. Every time they lifted me up and beat me again. They hit me with a metal helmet. I passed out. When I regained consciousness I realized I was on a street. I crawled home because I couldn‘t walk.

You were on a street?

He means outside. In Russian it can mean “on the street” or “outside” depending on the context.

Judge:

Did you call a doctor right away?

Plaintiff:

Yes, directly. I was in aweful pain.

Judge:

At the hearing you said that you called a doctor the

next day.

Plaintiff:

I went to the doctor the next day to M....

Judge:

How long did it take to M....?

Plaintiff:

1,5 hours, I believe.

Judge:

How did you get there? How much did it cost?

Plaintiff:

By taxi. I don‘t remember how much I paid. These days

are very blurry. My wife remembers them more clearly.

Judge:

When you went to the doctor, what did you do with your

child?

Plaintiff:

I believe that we took him with us.

Did those people come

again?

They came every time when

something had happened, for

instance a terrorist attack. They

checked where I was and asked if I

would remember. They told

me names.

Yes, they threatened me

that they would place me

on a bottle.

Where you bea-

ten or threa-

tened again?

I am

ashamed to

talk about

it.

Judge:

Was your wife beaten as well?

Plaintiff:

Yes.

Judge:

How many times?

They have beaten her, and threatened to

rape her in front of my eyes. The kid

screamed its head off. They pushed me to

the ground and held me with their knees

in such a way that I could see my wife.

They said: “ Look, what we are going to

do next”. They lifted her dress.

Your wife was pregnant at

that time, how did you know?

How? She told me. She was vomiting.

Plaintiff:

They searched our home and turned it

upside down. They took our documents.

Judge:

I asked earlier if anything special has

happened. You didn‘t tell this.

Plaintiff:

But all of this is written down in the

file!

Judge:

If so, I wouldn‘t have to ask.

When did you decide to leave the country?

My situation was hopeless. I didn‘t

know whom to address. Those that were

supposed to protect me were chasing

me. My case is not an exception in

Dagestan. A friend of mine offered

his help. At that time he lived in

Moscow.

Judge:

How much did it cost?

Plaintiff:

Six thousand Ruble to Moscow. Three thousand

Euros to travel further.

Judge:

How much is that in Ruble?

Plaintiff:

I don‘t remember.

Judge:

Did you have more money or did you spend all

of your savings?

Plaintiff:

We only had loose change left.

The female plaintiff is being called. Rahmon N. leaves the court room.

I attended 9

grades. I married

in 2009. 15.

How old were you?

Judge:

Is your marriage state-approved?

Plaintiff:

No, we married by Islamic law.

Judge:

How many children do you have?

Plaintiff:

Two

Judge:

How old were you when you got your first child?

Plaintiff:

16.

Judge:

Please explain why you left your home country.

Plaintiff:

Five people came to our home. They beat me and my

husband. The child cried. That lasted 1,5 hours.

(break, she starts to cry). Then they took my husband.

Two men stayed.

What happened then?

I cannot talk

about it. Only

with my

psychologist.

That is

written in

the

letter.

They continuously asked

“Where is he?”. I didn‘t know

who they were talking about.

Then they beat me. I was

pregnant at that time.

Judge:

Where you threatened later on as well?

Plaintiff:

Yes, of course. They came in February, March,

April, May.

Judge (dictates):

We decided to flee when

they took our documents

away. That was in

Mid-May.

Since when did you know that

you were pregnant? Since

February? Your child was

born in November.

Plaintiff. We arrived in Moscow during the night. Then we were put directly into a truck. My husband got water and food quickly. Then the doors were closed and we left Moscow. Judge: How much did the journey cost?

Plaintiff: I think three thousand Euros. But I didn‘t take part in the handing over of the money. Judge: When you came to Germany you were placed in a housing for minors. There you were asked why you have left your country. You told ony briefly that you had problems in your country. Nothing else. Plaintiff: I answered the question. Judge: You said back then that your husband had decided on everything himself. Plaintiff: It was his idea to leave. But he didn‘t force me. Judge: Do you have medical treatment in Germany? Plaintiff: Yes. I visit a neurologist and other doctors as well. MRTs are done regularly due to my epilepsy. I also receive medicine. In Dagestan I had severe attacks. I usually passed out, my eyes twisted and I swallowed my tongue. I didn‘t have any attack like this here so far. Judge: Did you have any surgery? Plaintiff: Surgery was performed on my shoulder because it was severely twisted. During the epileptic attacks I usually fell to the ground. That could have been the cause of the injury.

No, I

didn‘t

know that.

Mrs. L.,

Do you

have any

more

questions?

Was is pointed out to

you during the hearing

with the Federal Office

that you have the right

to have a female inter-

preter?No, I

didn‘t

know that.

In case of sexual violence

it is very crucial that

women are assigned a

female judge and

interpreter. Otherwise

little will be told.

Concerning the internal

flight alternative of the

family I am...

You don‘t have to tell me that. I personally don‘t think much of the internal flight alternative.

At 11 o‘clock the plaintiff (male) is

called again.

Mrs N. , Mr N.

do you want to

add anything?

Please protect us and our children.

I won‘t decide today. I will read everything

thoroughly. The decision will be made in

about two weeks.

The hearing is closed at 12o‘clock.

Judge:

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