According to the court ruling, the institutions are obliged to provide their inmates with the basis for a decent standard of living. The court relied on the Charter of Fundamental Rights of the European Union.
The reason for the decision was the complaint of a minor Afghan. He had been kicked out for 15 days after a brawl at his Brussels facility. According to his own statement, he then spent the night in parks and friends.
The European Court of Justice ruled that while material punishment should be withdrawn as punishment, it should be proportionate. Thus, even a temporary withdrawal of accommodation, food and clothing is not an appropriate punishment. However, detention is possible if the conditions are met.
In Germany in the past such centres have repeatedly been subjected to riots. In asylum facilities in October last year, around 100 asylum seekers rioted in their dorm in Fürstenfeldbruck , Bavaria , and attacked police officers.
Only last week, the district court of Bamberg sentenced one of the ringleaders of the Bamberg centre last December, to nine and a half years in jail. The court found the 23-year-old Eritrean guilty of severe arson, dangerous assault and assault on law enforcement officers.
A disturbance of the peace led to attacks on security staff at the centre. The staff alerted the police, but several asylum seekers then barricaded themselves in the building. When the first police patrol arrived, they were attacked by the residents of the shelter. The rioters also set fires in the building.
In the police operation special forces eventually had to be called in to restore order.
Last week, Syrian and Afghan asylum seekers from an asylum centre, attacked a disco in a small German village armed with machetes because they were asked to leave by a bouncer.
In the village of Trebbin in Brandeburg, a group of 10 armed migrants attempted to break down the door to the building with machetes, German daily Bild reported.
Disco owner Frank Seifert, explained what had happened: “Two of them had been banned two weeks ago because they had climbed over the fence. We have nothing against asylum seekers, but whoever does not behave cannot go in.”
The bouncer saved himself by barricading himself and three other colleagues inside. Due to a serious eye injury, a 25-year-old guest had to be taken to the emergency room.
“They had apparently planned to take revenge. Otherwise, they would not have brought the weapons,” the bouncer said.