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Germany/Czech Republic: Seven dead and 21 injured at border

01 September 1998

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A van with 28 refugees from Kosovo crashed into a tree on 30 July following an alleged chase by the German border police (BGS) killing seven of the refugees. The border police later reported that they had information that refugees were coming. BGS officers noticed an overloaded van in the early morning hours and tried to stop it. According to the BGS, the driver failed to stop, eventually lost control over the van on a curve and collided into a tree. The BGS claims that the van was pursued for only 100m and that the accident happened only 100m after they attempted to stop it. However, the accident happened 26km behind the German-Czech border whereas the BGS control line (Auffanglinie) is only 10km from the German borders. So far, the BGS has failed to explain what happened during the 16km until the accident.

The injured refugees, all Kosovo Albanians, have been interviewed by BGS officers in the hospitals about the circumstances of their flight but they have not been informed of their right to claim asylum. Relatives, friends and lawyers of the refugees have been denied access to the injured. BGS officers later refused to accept asylum applications in the hospital with the argument that they were only here to observe the refugees. The first refugee, Afran Gashiri, was deported two days after the accident. This constitutes a breach of the German-Czech readmission agreements which allows for deportations within 72 hours after entry into Germany.

The nation-wide campaign "No one is illegal" demands the right to stay in Germany for the refugees, an end to the obstructions of the lawyers' work, support for the families of the injured and dead refugees and an independent inquiry into the pursuit measures of the BGS.
BUKO press release, 31.7.98; Kein Mensch ist illegal, press release, 3.8.98; see website (English and German).

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