The case hirsi ali, the dutch "iron lady" and the circumstances that lead to the second fall of the government bar ends with early resurrection
On the 11th. May 2006, the state subsidized dutch television program zembla sent a report on ayaan hirsi ali’s information in its asylum demand anno 1992. The broadcast became an occasion to the second fall of a government under the dutch prime minister balkenende within four years, leading to the 7. July 2006 for the formation of the third cabinet’s barking end and to her new elections on 22. November 2006.
Jan peter barkeeper
The somalier, born under the name ayaan hirsi magan, had settled in the netherlands in 1992, on the journey to their allegedly forced married man in canada, uber germany. Her journey began in kenya, where she, her parents and siblings have been living as a political escape for the twelve years. Hirsi ali’s father, hirsi magan isse, was a dedicated political opponent of the somali dictators mohammed siyad barre and as such to hirsi alis birth in somalische fur. He escaped in 1976 to saudi arabia and lifter athiopia, to settle with his family in kenya. His daughter hirsi ali worked the two years before her escape in the netherlands as a translation for UNDP (united nations development program).
Hirsi ali received 1992 dutch asylum. She studied politology and was in 1997 netherlander. In the same year, she joined the old-established social democratic partij van de arbeid (PVDA), but was 5 years later, but to his political antagonists, the liberal conservative folkspartij vrijheid en democratie (VVD), for which they had been a member of the parliament since the beginning of 2003.
This year, HIRSI ali wrote the script for the short film submission, for which theo van gogh directed the direction (da staunt of islamist). Lastly appointed was on 2. November 2004 in amsterdam on open strain from a hollandic islamists stabbed (jihad in amsterdam?, jihad or self-judiciary?), according to the court ruling, the first dutch terrorist act. Because van gogh’s morder mohammed bouyeri also threatened hirsi ali with death, she appeared in the united states. Since her juxtage, HIRSI ali was permanently guarded in the netherlands and lived in specially protected accommodations.
HIRSI ali protested in february 2005 in an interview with the newspaper NRC handelsblad, on the other hand, that they had to condemn from safety grids in secret in a windowless cell of a heavily guarded naval base. She demanded a normal but guarded condo, which briefly received it in a home acquired by the state in the hague. 12 other residents of the building fell threatened by potential approach to hirsi ali, complaining to the state because of the danger of their lives and impairment of their apartments and demanded hirsi ali’s excerpt. They received right, a very unchanged hirsi ali had to pull away.
Hirsi ali, who had profiled internationally as a vehement critic of islam, was severely criticized in holland because of their polarizing style. So she had the prophet muhammad as "perverted man" defined and defended appropriately in a press conference in berlin in january 2006 in a press conference in berlin "right to insult". Before zembla reportage and the court forced move she had planned on the 1. To move in may 2007 to washington to work there for the neoonservative think tank american enterprise institute.
The journalists of the television report titled "the holy ayaan" examined the correctness of hirsi alis asylum information. In the report, HIRSI ali had made further false information in its asylum application in addition to a wrong surname and age. So she did not escape from the war area somalia, but from kenya. Hirsi ali’s statement that she would be threatened by its family because of its escape before the forced marriage, the television report was in doubt by testing reports, which were partially revoked after the report.
Ayaan hirsi ali
Until then, hirsi ali had lied to their surname and date of birth – this had themselves in their multi-read book "the son factory" described and reconnected in countless television and newspaper reports again and again. According to hirsi ali, she had also communicated this to the VVD upon her accession. Witness an interview with her girlfriend and partistossin, the EU commissioner nelie kroes, which claims that HIRSI ali had participated in 5 burger wars, but was untruth of their asylum information, for the cause and background of their escape, was not well known.
The strategies of the "iron lady"
Immediately before zemblas reportage, the borded struggle set between rita verdonk, the dutch minister for immigration and foreign exchange ies, and mark rutte, then state secretary for education, to the party presidency of the VVD.
Since her startup as a minister, verdonk had profiled itself as a hardliner in her department and the nickname "iron rita" developed. That more than 26.000 integrated former asylum seekers have to leave the netherlands and have not been collected in the communities since 2004 or receive emergencies have been received on a measure of their part, which came across large protest in many municipalities. Your hard government course in foreign exchange ies made verdonk the most popular minister of the netherlands. It is not eliminated that they moved this over time to push their policy more and more to the abyss of inhumanitat.
In this light, it became clear that verdonk pladated in the end of 2005 for a general burkha ban (hollandic government overlooks burka prohibition) or wanted a code of conduct imports, which states that in – apparently not particularly tourist-friendly – dutch publicity exclusively the national language be spoken.
Repeated came the minister in coarse political problems. In december 2005, verdon adopted the parliament of a trimming television report very determined that its immigration and incorporation service (IND) has never played congolese superimpers of dossiers about dismissed asylum seekers from this country. However, later, in the report of the heverman’s investigation commission, it turned out that they had took place by international appointment for banned information from escape dossiers, but.
The false informing of the parliament by minister applies in the netherlands as a political deadline and normally results in suspense and frequently the jerkiness of the rugged cabinet member. Nevertheless, verdonk survived the former suspense of the left parties and was also able to repeat similar misconduct of the ind april 2006 in connection with 181 syrian asylum seekers only to suspense of a parliamentary minority, but not to their jersee.
In the very long series of political problems verdonks is also the opening of some parliamentary members, that in 2004 in an asylum center for children in the hollandische oisterwijk more than a hundred children disappeared without a trace, meanwhile, verdonk’s official only a year after they had learned the police about the disappearance of the children informed. The police were promptly delayed a net of children’s smuggling glasses.
Not only dutch politicians, including VVD coryphaen like jozias van aartsen, hans dijkstal or ed nijpels, have sometimes criticized rita verdonk for their "iron" asylum policy meant sharply. Also dutch controls such as ombudsman or the "algemene rekenenkamer", narrow your administration. And also in the international context of complaints of the inadequate humanity verdonk’s escape policy, such as the council of europe, amnesty international, defense for children, unicef or the dutch church council.
Lagen a few months before the reportage of the state television station uber hirsi alis, verdon had the 19-year taida pasic originating from kosovo, shortly before her high school graduation, since her asylum application was repeatedly rejected. She was discharged afterwards, although imprisonment was adopted as unlawful and to damage payments to the 19-year-old.
Because pasic did not shy the media, the minister then did not shook back to play them from pasics asylum dossier and to scales them there as a lugner and confusion. The dutch authority, which controls data protection (CBP), examined from its own initiative of this procedure of the minister (it was the first time that a minister released personal data from political motives) and found that their actions had been unlawful. Again, this will probably lead to damages payments to pasic.
The case taaida pasic was greatly measured in the press. He sometimes passed that hirsi ali called their partistossin verdonk and she asked informally, in the case of the school doctor from kosovo mercy and not shut down her. According to the writer leon de winter, which was during the telephone council beside hirsi ali and the conversation with the minister lifter continued to lead, the language came to pasics at that time. Hirsi ali told verdonk, she himself had also been embarrassed despite lugen, which is why pasic should not be reported due to possibly dizziness. This is supposed to answer verdonk, according to de winter, that she would have already been minister, HIRSI ali had also reported.
"Rules are rules"
On the day after the zembla report on hirsi alis invented asylum information and directly after a ministerial meeting, the minister then pointed out that the matter was already 14 years ago and she has no consequences of it. Three days later, since 2005, the hildebrand nawijn parliamentary hildebrand nawijn – sparked the former director of the then for hirsi alis einsburs, and five years later in the three-month cabinet barkende I also ministers of the LPF of the opposite ministry of verdonk – the minister about the report and hirsi alis state burger. Already the next day, the minister could notify parliament and nawijn that hirsi ali, the ministry of mabab, has never become netherlander.
HIRSI ali explained in an emotional press conference that, due to the report by zembla and the court forced relocation to its parliamentary office and in august 2006 "sad and facilitated" the netherlands has been left. It also explained that the deprivation of state burgering for false information for them in all cases is an unbillion.
Verdonk relied on a court ruling of 11 at her finding of hirsi ali’s nullate state castle. November 2005 of the dutch court of appeal (hoge raad). It referred to the case of the iraqi family naif, which was flooded to holland at the beginning of the nineties and at the asylum application one – then against the authority also as fingerted postulated – fictitious names to protect their family-to-house in iraq. The family received escape status and was also embarrassed in 1997 under the wrong name. In 2004, the danger was waxed for the recovered family gambles, which is why the family on advice of their lawyer asked the einsburgerungshordorde for correction of the wrong name in their files.
Verdonks, however, refused the correction and accepted the view that the naif family had never been incorporated, whereupon this requested a court to determine their dutch state burgerism. The judgment of the court of appeals confirmed the previous judgments in this matter and conducted that – special circumstances are heard – be ineffective with incorrectly namable incoming incorporation acts. Affected persons could never become a netherlander, unless the wrong name on their certificate had to identify them at the exporter. According to judgment on orthography and translation errors, so naive instead of naif.
Since it was well known that HIRSI alis an enameling file called a false name, she has never become netherlander, combined the minister. "Rules are rules", customized them: "who lugs, can not become a netherlander." her own repeated lugs against the parliament could not question their own state maker’s shank in question – she had always been netherlander.
A storm of violent tears burned, not only in the home and foreign press, but also in parliament and even in its own party VVD. It could indeed be that hirsi ali, who had exposed to the public debate as a parliamentarian, never received the hollandische nationalitat? What consequences was this in the state law sense? Not all legislative templates adopted by parliament since 2003 were succinctly reinforced, as one of the 150 members of the parliament was no dutch burger, but this requires this?
This was followed by a nerve-wracking and very long night debate in parliament. Unit, verdonk found both its conviction that she had no choice, as HIRSI ali over her unprecedented exporters, as well as that this was by no means due to lack of care happen.
A superwaling parliamentary majority decided that verdonks was hurried in action; she had had any other possibilities. Now the minister did not have any other choice anymore – at least if she wanted to stay in office – as the urgent recommendations of the parliament to suppose, to think of their attitude and to confess that they could act very differently differently. Parliament maintained her six weeks to make hirsi ali either to the netherlander or remain this.
Nevertheless, verdonk went to the next day during their campaign for the VVD presidency stoisch, she had not actingly actually act – rules are rules and who lugs, can not become a netherlander.
Meanwhile, under lawyers, resistance to the judgment of the court of appeal, which was perceived until then, obviously only on the verge of the court of appeal in the case of the iraqi family naif, which the minister was constantly published. Were ineffectiveness or nullity of one burgundy with incorrect persons, even if the affected ones themselves asked for the correction of a named threatened named name? Was the determination of the legal ineffectiveness, which excludes the identities of all families in one stroke, even appropriate if it is considered that such a statement is ared of no administrative legal protection? And above all, the introduction of the statutory possibility of the withdrawal of a state-of-the-one nationality in 2003 is still indispensable that they are not extracted in cases of false name information, but without a reasonable legal basis to effectively considered as never before?
Under lawyers, the attitude prevailed that the decision of the court of appeal of 11. November 2005 in the matter of the naif family had to be a mistake, because it does not take into account the legal certainty and the new einsburgerungsgesetz. Incorrect names should be considered as a fraud which the new law establishes, and therefore, where appropriate, to the withdrawal of the state burgerschaft ruled there, but they do not turn into effect ineffective. In the case of hirsi ali, this had meant that in 1997 she had become very well the netherlander, the administration had to escape the state-owned state but because of the fraud under circumstances.
New government with old minister
A birth yugoslawe was in a similar situation like the naif family. He had also had his burgundy in 1999 with a false name and asked for his later request for correction of the fingered name, but heard by verdonks, that he had never received the hollandian state burgerhood. He fell half a year after the naif family, namely at the end of april 2005, also the courts. For the first time, judges decided differently in cases of falling with false names-related incorporations. According to the attitude of many lawyers, but in contradiction to the previous case-law, the first-instance court argued that since the statutory importation of the possibility of withdrawal, a decline in voidness of invalidity has not been adequate maaking, but that it may take advantage of state-owned publicity if necessary.
In the case of verdonk, india, in february 2005, was an appealing in february 2005, which in retrain in the case of hirsi ali, in the case of hirsi ali, she had no choice. The judgment of the court of appeal in the case of yugoslav should be reported during HIRSI ali, shortly after the EKLAT over HIRSI ali – this time, under gross attention because of the consequences for this -.
After the six weeks, the verdonk were chosen to make hirsi ali either to the netherlander or to deny this, the rough surprise took place: HIRSI ali had never given a false name according to their salaries and now also the ministry. After the somali name, which was crucial here, she was allowed to lead the name of her coarse father ali. HIRSI ALIS own conviction, she had to call her father, so "hirsi magan", was wrong.
It seemed an elegant solution – although it was quite a bit strange that the minister had overlooked her so far -, it also allows for the most indeensile somali law and the smucking somali administration. The wrong date of birth or the experienced escape history had now apparently lost fully.
In the even more longest national parliamentary debate on 29. June 2006, everything seemed first in the best order. Only at half past two did it be wrong. Meanwhile mude prime minister was asked for the last sizens of the explanation which hirsi ali had given the minister. In it HIRSI ali stated that she himself is all the guilt on the involvement of her name, the minister was nothing to accuse and that she apologizes for her false statement as a matter of supposed lug.
Both evolution and bar ends had explained until then, this guilty statement was necessary from a legal perspective. In a moment of lack of attention, however, the prime minister now explained that the usage had been necessary, because verdonk had insisted on it. Not legal, but personal motives had apparently wanted to do so. The impression argued that the minister had made hirsi ali with the power of stateburgerschaft to take on all the guilt.
For the smallest ruling party, D66, this brought this barrel then to run. She demanded the jerkiness of the minister. The parliamentary majority once again did not support the mistrust vote against verdonk, and D66 remained unless otherwise remained unless otherwise leaving the government and to dissipate barkenendi II.
Bahnende III was finally supported by the entire parliament, also from the D66, and without further complications (such as new elections), a minority government with two new ministers from the two remaining coalition parties CDA and VVD form. The controversial minister verdonk also heads the ministry of immigration and foreign exchange ies in this government, and, in any case, in the case of missing new misesets – probably up to the 22. November 2006 confirmed new elections.
On the 30th. June was the originally expected judgment of the court of appeal in the case of the above mentioned yugoslav, which had undergone under the wrong name. For HIRSI ali, the verdict could have no consequences anymore, she had apparently not needed a false name. And not least for the others – according to the ministry 74 trap, according to the communities, the number is much high – where the INL had established since 2000 that they have never become netherlander because of fingered names on the einsburmerungsurung (which they were deported despite extensive integration to). Only for coming trap could it be relevant.
The court of appeal decided that the new law already mentioned, which includes the possibility of depriving the state bureau in fraud, also applies in cases of fingered names. Through concerns, accordingly, despite the wrong name on the instrument has become very well established and the stateburgerschaft can now be deprived under specific circumstances, if there is therefore statonelessness. However, this concerns the trap in which the incorrect names-related incorporations after the 1. April 2003 took place.
People who like the yugoslawe before 1. On the other hand, april 2003 had indicated an incorrect name in her burger, but never got netherlanders. It is evident that this results in a serious legal illness for the trap before the 1. April 2003 and for that. The remaining minister for immigration and foreigners will not prepare this no sleepless night. She stops the law of 1. April 2003 probably still for a joke.