Human smuggling burdens the German judiciary

2024-04-02 08:30:00, Kosova & Bota CNA

Patrick Rautenberg watches the traffic on the A94 near Mühldorf, near the Bavarian-Austrian border. The experienced border policeman does not have to wait long. Soon a black minibus with Albanian registration appears. "This is a typical vehicle used by smugglers," says Rautenberg.

His colleague presses the gas pedal. In the end, this check was harmless, as most of them are, Rautenberg explains. But some checks turn into dangerous pursuits - sometimes with deadly consequences.

Human smuggling burdens the German judiciary

The number of illegal entries into Germany increased in 2023 compared to the previous year. In 2023, members of the German Federal Police registered almost 128,000 illegal border crossings, which is about 39 percent more than in 2022.

A lot of work for justice

In addition, many police officers report that smugglers are becoming more ruthless. This increases the risk for refugees, other road users and the police. Another consequence: any contraband detected becomes a matter for justice. Prosecutors' offices and courts in border areas have more and more work - sometimes they cannot finish cases at all in time.

Human smuggling burdens the German judiciary

Rautenberg's shift today was peaceful. In the next vehicle he checked, there was only a family with a baby, no contraband. However, many of the cases he and his colleagues from the Federal Police experience on the borders with Poland, the Czech Republic and Austria end up before the judicial bodies.

One such case is the accident near Ampfing in the district of Mühldorf. There, in October 2023, seven refugees died when a car overturned and rolled several times during a police chase. Or the case of the smuggler who directly attacked Rautenberg's colleague. She, throwing herself to the side, barely managed to save herself.

Increase in legal violations

Such cases are handled by Pia Dirnberger, the state prosecutor near the border in Traunstein. She is currently preparing for a multi-day trial against a smuggler and is once again considering the indictment. Among other things, the smuggler is accused of threatening the refugees with a weapon.

Dirnberger spends half of his time working on human trafficking cases. Last fall, so many new cases arrived in her department that they had to distribute them to other departments.

In the countries where the "Balkan route" ends for many refugees, the number of proceedings against smugglers has increased significantly in recent years. In Bavaria, for example, the number of proceedings tripled between 2019 and 2023. In Brandenburg, prosecutors had 28 percent more cases last year than in 2022.

Human smuggling burdens the German judiciary

In Saxony too, the number of recorded cases of people smuggling almost doubled in the same period. The municipal court in Pirna has recently dealt almost exclusively with cases of smuggling. There was a lack of space, a lack of translators, while the court officials were at the limit of their capacities.

Criminal proceedings are added

The number of criminal proceedings against smugglers has not only increased, but these proceedings are becoming more and more complicated, explains the prosecutor, Pia Dirnberger from Traunstein. The more reckless the smugglers, the higher the punishment in the end.

Human smuggling burdens the German judiciary

Arguing with evidence that smugglers have endangered other people takes a lot of work. For example, people who have been smuggled must describe all the dangers during the journey as witnesses, and translators are usually needed for this.

The many expert reports are also complicated. Their purpose is, for example, to prove that some contraband drives can have a fatal outcome. In addition, the search for organizers, who are mostly located abroad, is also complicated. For cross-border investigations, special interstate agreements on the legal details of cooperation should also be concluded, says Dirnberger.

Pro Asyl: inhumane conditions at the EU's external borders

It is difficult to predict how migration movements to Germany will develop in the future. In Brandenburg, according to the Berlin Police spokeswoman, permanent border controls have proven to be good. Refugees now more often choose to cross the border on foot, rather than board overcrowded vans.

Human rights organizations, such as Pro Asyl, have a different view on the development of this situation. Conditions for refugees at the EU's external borders are becoming increasingly inhumane, says Pro Asyla spokeswoman Judith Wiebke. As long as this is the case and as long as there are no other legal routes to Germany, refugees remain in the hands of ruthless smugglers./ DW