DEFENDING
DEMOCRACY IN EXILE
Policy Responses to
Transnational Repression
Migration
G
ermany is the fifth-largest host state for refugees in the
world, with 1.14 million refugees and over 295,000 asylum
seekers.31 Syrians account for approximately half of all refugees
in Germany, followed by people from Afghanistan and Iraq. In
addition to Syrians, Germany also hosts sizeable populations
of diasporas vulnerable to transnational repression, including
Turks, Iranians, and Eritreans.32
With so many foreign residents from targeted populations
living in Germany, transnational repression is entangled with
the country’s migration structures. The Federal Office for
Migration and Refugees (BAMF), which coordinates the
migration system, is undergirded by extensive bureaucratic
processes and structures, some of which inadvertently create
vulnerabilities to transnational repression. Policy responses
to rising numbers of asylum seekers have increased the
potential exposure to targeting by a foreign state. Nevertheless,
Germany has laws and oversight mechanisms that help protect
against origin states coopting German institutions to target
their nationals.
Eritrean and Turkish translators
have allegedly altered testimonies
and intimidated asylum seekers
in Germany during the asylum
interview process.37
Legacy of the German response
to the refugee crisis
Since 2015¬–16, over a million people, largely from Syria, applied
for asylum in Germany. The country accepted more refugees
than it was required to under EU agreements, but the issue
of migration became increasingly contentious as nationalist
and other segments of society pushed back on pro-migrant
policy, and the government eventually walked back some of the
more generous policies.33 Living in Germany generally offers
refugees more protection from transnational repression than
if they remained in states that have a track record of willfully
violating the right to asylum and cooperating with origin
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states. However, Germany’s response to the refugee crisis
underscores the risks associated with bureaucratic efficiency.
BAMF hired thousands of new interpreters to accommodate
the spike in asylum applications.34 Freelance translators
are required to be in good legal standing and take various
“reliability” tests, but civil society organizations and asylum
seekers have long called their qualifications into doubt35 and
numerous reports have pointed to interpreters acting in the
interest of the asylum seeker’s origin state.36
Interpreters have access to deeply personal information
of vulnerable people. Information gathered by translators
and shared with origin governments can result in further
intimidation and surveillance, smear campaigns, and harm
to family members and associates still residing in the origin
country. Turkish asylum seekers have alleged that interpreters
and other BAMF officials shared their personal information
with Turkish government-affiliated media, leading to smear
campaigns and the publication of sensitive information,
including their location, by those outlets. Others from Turkey
and elsewhere report harassment and intimidation by the
translators. Eritrean and Turkish translators have allegedly
altered testimonies and intimidated asylum seekers in Germany
during the asylum interview process.37 Manipulating interviews
can result in denial of asylum applications.
Over the years, numerous German officials have claimed
that interpreters do not engage in surveillance, harassment,
or intimidation. However, some politicians called for more
extensive vetting of interpreters in response to such reports
of misconduct. In response to a range of concerns about
interpreters, BAMF introduced new training programs, more
stringent language requirements, and a code of conduct in
2017. BAMF also introduced a complaint-management system.38
Most of these reforms address concerns about translators’
qualifications, but they do not address the risk that translators
may act on behalf of foreign states. The complaint system
provides an opportunity for recourse if intimidation or
harassment occurs, but it does not prevent harm during initial
interactions and it places the burden of assessing translators on
already vulnerable individuals, rather than on the German state.
A second policy problem stemming from Germany’s response
to the influx of refugees is an increased use of subsidiary
#TransnationalRepression