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- Update on the incarceration of Arthur Vardanian
- Arthur transfered to JVA Ueckermuende
- 3 months suspended sentence fron a previous conviction means a total of 7 months inprisonment for an infringement of the residence laws
- still no decision on pardon
 

At 3pm on January 17, 2002 Arthur Vardanian reported to the JVA Waldeck to begin a four month prison sentence for repeatedly ignoring the travel restrictions laid down in the laws pertaining to political asylum-seekers (Residenzpflicht - asylum-seekers are forbidden to leave the district to which they are assigned). He is one of the first people in Federal Republic of Germany to be imprisoned for ignoring the travel restrictions. Some 30 people from all parts of the State of Mecklenburg-Vorpommern were at the prison gates to show their solidarity with Arthur.
 

The residence laws were introduced with the aim of containing asylum-seekers for the duration of their case in a designated place of residence, and so to better monitor and control their movements. An asylum-seeker may only travel outside the assigned residencial district when permission has been granted by the authorities. But the authorities issue a permit either only for "essential" reasons (doctors or lawyers vistits) or arbitrarily. Due to these restrictions the freedom of movement of asylum-seekers is excessively restricted. Should they leave the district without permission, whether to visit friends, music or political events etc. or simply for a change of scenery, they are commiting an offence and can be punished with a fine or even with imprisonment, as in the case of Arthur Vardanian.

On January 11 in a last attempt to prevent imprisonment Arthur petitioned the Minister of Justice of the State of Mecklenburg-Vorpommern for a pardon. Up to the present moment the Minister has refused to make a decision and has not even answered. Instead, the petition was submitted to the office of the Director of Public Prosecutions / District Attorney for consideration.

Arthur's transfer application was granted and he was moved January 23 to the JVA Ueckermuende which is nearer to his home and family.

On January 21 the prison authorities changed Arthur's status and he is now in "open prison" which has various "privileges". Sleeping quarters are in a non-enclosed area and employment chances enhanced. "Visits" and "day-leave" can also be "liberally" regulated - nevertheless it is and remains prison! Visits are only allowed after Arthur has applied stating name and address of the visitors. Persons wishing to visit Arthur should coordinate this with myself and / or Arthur's family. Arthur has applied for day-leave for February 23 and will visit his family in Friedland, Mecklenburg.

The District Court in New Brandenburg sentenced Arthur to 4 months in prison. While in prison he was informed that he must serve a further 3 months of a previous suspended sentence. Alltogether he must now serve 7 months in prison for crossing the district borders.

Leading PDS(democratic socialists) politicians participated in the ensueing controversy over the first incarceration of an asylum-seeker for infringing the residence laws in Mecklenburg-Vorpommern, under a SPD (social-democrat)/ PDS government. Peter Ritter (PDS chairman in MV), Angelika Gramkow and Helmut Holter (both MV Diet members) had various meeting with SPD politicians Harald Ringstorff (Minister President), Erwin Sellering (Justice) and Gottfried Timm (Interior). In an attempt to discredit Arthur the SPD politicians used e.g. the argument against a speedy decision on Arthur's petition and
release that "the asylum-seeker has a criminal record". Arthurs's previous sentences were cited as proof. In sentencing Arthur the court opined, "the accused has on numerous occassions previously and repeatedly come into conflict with the law". The following offences were then listed:

a) October 30, 1997 District Court Bergen/Ruegen, driving without a license - fined 10 days at 10 Marks per day (the Armenian driving license was declared invalid).
b) November 3, 1997 District Court New Brandenburg, infringement of the residence laws in two cases - fined 25 days at 5 Marks per day.
a) and b) were combined to a joint fine of 30 days at 5 Marks per day.
c) November 5, 1998 District Court New Brandenburg, infringement of the residence laws in two cases - 3 month imprisonment suspended for two years
d) February 23, 2000 District Court New Brandenburg, infringement of the residence laws - two months imprisonment, upon appeal converted to 60 days at 10 Marks per day.

The court opined further: "Imposing a fine in this case was insufficient as the court could not detect any adequate grounds for belief that circumstances prevail which would deter the accused from committing further criminal offences of this nature." Due to the "prompt recidivism" it appears that a shorter sentence is "not indicated"." And further: "During the appeals procedure the accused did not give the impression that in future the possibility of non-criminal conduct exists. On the contrary, in detailed questioning he has (again) expressed his incomprehension that border infringements of this nature are treated as criminal acts."

On closer scrutiny it is apparent that Arthur was accused of offences which can only be punished with imprisonment when committed by immigrants, respectively which can only be committed by immigrants. Therefore, any attempt to associate Arthur with criminals can only be deemed racist.

This racism can only be opposed with publicity und political pressure on the responsible state officials and politicians. To increase the political pressure for the quickest possible release of Arthur fax, call and email the political representatives of the State of Mecklenburg-Vorpommern.

Monty Schädel

Further infos:

Monty Schädel
Tel. 049 0177-8871014
mail@MontySchaedel.de

Against the incarceration (Justice Dept.):

Justizminster Mecklenburg-Vorpommern
Herrn Erwin Sellering
Demmlerplatz 1-2
19048 Schwerin
Tel: 0385 - 588 0
Fax: 0385 - 588 3455
mailto:poststelle@jm.mv-regierung.de

Against maintaining the residence laws in SPD/PDS governed Mecklenburg-Vorpommern:

Ministerpräsident Mecklenburg-Vorpommern
Dr. Harald Ringsdorf
Staatskanzlei
Schlossstraße 2-4
19053 Schwerin
Tel. 0385 - 588 0
Fax: 0385 - 565144
mailto:poststelle@stk.mv-regierung.de
mailto:H.Ringsdorf@spd.landtag-mv.de

Stellv. Ministerpräsident
Minister für Bau, Arbeit, Landesplanung
Helmut Holter
Schlosstr.
19053 Schwerin
Tel. 0385-588 3500
Fax 0385- 588 3508
mailto:poststelle@am.mv-regierung.de
mailto:H.Holter@pds.landtag-mv.de

Innenminister Mecklenburg-Vorpommern
Dr. Gottfried Timm
Karl-Marx-Str. 1
19055 Schwerin
Tel. 0385 - 588-2000
Fax: 0385 - 588 2974 / 2972
mailto:Poststelle@im.mv-regierung.de
mailto:G.Timm@spd.landtag-mv.de
 

SPD Fraktion im Landtag
Lennèstr. 1
19053 Schwerin
Tel. 5252306
mailto:info@spd.landtag-mv.de
 

PDS-Fraktion
Lennéstr. 1
19053 Schwerin
Tel 0385-5252500
Fax: 0385- 5252509

Fraktionsvorsitzende
Angelika Gramkow
Lennéstr. 1
19053 Schwerin
Tel. 0385 - 5252507
mailto:A.Gramkow@pds.landtag-mv.de