The European Commission has chosen not to comment on the situation concerning two Irish nationals facing deportation from Germany due to their involvement in pro-Palestinian demonstrations. However, a spokesperson emphasized that any limitations imposed on the free movement of EU citizens must be “justified and proportionate.”
Roberta Murray, 31, and Shane O’Brien, 29, have received deportation orders requiring them to leave Germany by April 21. This decision follows allegations regarding their actions linked to protests concerning the ongoing war in Gaza, although the charges they faced have since been dismissed.
“It is the responsibility of national authorities to uphold law and order and to protect internal security,” the spokesperson noted. “[Policing] falls within national competence. Yet, free movement is a fundamental right for EU citizens. Member states may impose restrictions based on public policy or public security, but these decisions must be substantiated and proportionate, rooted in an individual assessment.”
Both Murray and O’Brien have actively participated in protests supporting Palestinians since the outbreak of the Israel-Hamas conflict in October 2023. O’Brien was apprehended at a protest in Berlin last October, while Murray faces accusations for allegedly using banned slogans during the demonstrations.
Reports indicate that their legal teams argue the deportation orders infringe upon civil liberties for EU citizens residing in Germany, especially as neither has faced conviction in the German courts. In the words of Roberta Murray, “We will fight this deportation order to the absolute end. We are not going anywhere. [The deportation] won’t hold up in court. It has no legal grounding; it’s purely political.”
Murray, a native of Sligo, has resided in Germany for the past three years. She is one of four foreign residents in Berlin facing deportation orders, which also include O’Brien, another individual from Poland, and one from the United States, all instructed to leave Germany by April 21.
Represented by a dedicated legal team, including Alexander Gorski from the European Legal Support Centre, these individuals remain resolute in their fight. As Murray shared, “As soon as I began going to demos here, it became very easy to keep going. The people around me were my neighbors and my community, particularly the Arab community in Berlin.”
She recounted how many demonstrators sought to gather to mourn family members and display solidarity during the unrest in Gaza, noting that numerous residents in Berlin have relatives in the region. Murray added, “I have been arrested about five times while protesting in Berlin and have received police letters.” One notable arrest stemmed from the use of the phrase, “from the river to the sea, Palestine will be free,” which Germany’s Interior Minister Nancy Faeser has banned as part of measures against Hamas.
Reflecting on her experiences, Murray remarked, “I never expected to be arrested because the reasons for these arrests seem arbitrary.” Earlier in January, she received a deportation threat via mail, which her lawyer indicated would not stand in court. However, the subsequent issuance of a formal deportation order was both shocking and unsurprising to her: “We will fight this deportation order to the absolute end. We are not going anywhere.”
This Friday, their lawyers plan to file a motion in an attempt to block the emergency stipulation linked to their deportation orders, which would enable the orders to take effect without due process. Murray stated, “We’re working to remove this stipulation, allowing us to remain in Germany while we appeal our deportation.”
The legal argument set forth by Mr. Gorski contends that the Berlin migration office claims the four individuals pose a security threat to Germany, thus justifying their expulsion. However, he emphasizes that these accusations lack concrete evidence and are “very vague.” He further noted that none of the individuals has been convicted of any crime, asserting that the related charges are “of no serious character.” Consequently, he believes that the deportation orders are devoid of solid legal grounding.
The Department of Foreign Affairs and Trade has expressed its awareness of the situation and readiness to provide consular support. Meanwhile, RTÉ News has sought a statement from the German Embassy in Ireland. In light of the situation, Taoiseach Micheál Martin has committed to addressing the issue surrounding the two Irish nationals facing deportation. He regarded the matter as “a fundamental concern regarding their freedom of movement,” and noted, “The Embassy in Berlin has raised this issue with the German Foreign Ministry, and we will continue to advocate for our citizens with the appropriate German authorities.”
In conclusion, the saga surrounding these deportation orders highlights the delicate balance between security measures and the fundamental rights of EU citizens, reaffirming the importance of fair legal processes in safeguarding civil liberties.
Edited By Ali Musa
Axadle Times International – Monitoring
