NATIONAL REPORT 2016
Introduction
In 2015, the German refugee reception system collapsed due to the rapid increase
in refugees seeking protection. The influx was far higher than originally projected.
To cope with this, all political will and voluntary commitment was concentrated
on the provision of basic needs, including shelter, food, clothing and necessary
medical care. Vulnerable refugees with special needs, such as victims of torture,
were consequently left with very limited access to adequate treatment.
The overstrained system – dramatically demonstrated by the images of hundreds
of people crammed together in sports halls – only made the situation worse
for refugees with torture trauma who lived through horrific circumstances in their
home countries, often exacerbated by dangerous journeys to seek safety in Europe.
Germany has ratified several human rights treaties and as a Member State of the
European Union (EU), has a legal obligation to implement the Common European
Asylum System encompassing all its regulations and directives. This includes the
EU Asylum Procedures Directive and the EU Reception Conditions Directive – both
of which came into effect in July 2015 – introducing new obligations on states
to identify victims of torture through individual vulnerability assessments and
provide them with special reception needs and procedural guarantees. In practice,
however, there are serious flaws with the implementation of these rights
for victims of torture. As the European Commission has made evident through
infringement proceedings, Germany has not yet effectively transposed the
Asylum Procedures Directive or the Reception Conditions Directive.
There is currently no procedure to identify victims of torture even though the
EU Reception Conditions Directive clearly mandates it. As a consequence of the
lack of identification, there is no system in place to provide adequate medical
help to those who suffer from mental illnesses. Some NGO pilot projects in
several Bundesländern employ early-identification models for vulnerable asylum
seekers1. However these best-practice models of serving the needs of a large
number of victims are not able to meet all the demand, consequently leaving
many victims of torture without much needed support.
Over 1,200,000
people sought protection in Europe in 2015
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