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Does Sami A. really count the result? This is what Armin Laschet, Prime Minister of the CDU of North Rhine-Westphalia, thinks: "As a result," says Laschet, "we can be happy that the threat is no longer in Germany." [19659003] This is not so simple, For the deportation of Sami A., Salafist bodyguard and alleged bin Laden in Tunisia, continues to cause unrest. The Gelsenkirchen Administrative Court considers that the actions of the authorities are "grossly illegal" and requires the return of the 42-year-old man. Politics is against it. For the moment, it is clear that the processes raise questions.
+++ The chronology of the case Sami A. +++
Prehistory
1997: The Tunisian Sami A. travels with a student visa Germany. In Krefeld, he first studied textile technology, then went on to technical computer science and finally to electrical engineering. He lives first in Cologne, then in Bochum
End of 1999 to mid-2000: German investigators think that Sami A. remains in the border area between Afghanistan and Pakistan for a few month. There, he apparently follows a military training from the al-Qaida terrorist organization. Apparently, he was then part of the bodyguard of the leader of Qaida, Osama Bin Laden. An eyewitness reports that Sami A. also met Ramzi Binalshibh, one of the sponsors of the September 11, 2001 attacks.
Sami A. claims to have never visited a terrorist camp – instead, he wants a religious camp
2000-2005: Back in Germany, Sami A. moves according to the security authorities in the Salafist environment, he should also be active as a preacher.
2006 to 2007: The Federal Prosecutor determined from March 2006 against the Tunisian suspected of belonging to a terrorist group. The proceedings will be discontinued in 2007, "because the investigations could not justify the suspicion with the sufficient security required for an indictment."
Also in 2006, the Bochum immigration office tried his deportation in vain. Sami A. lodges an asylum application in 2006, which will be rejected in September 2007. [194559006] 2010: The Administrative Court (VG) in Düsseldorf decides in June 2010 that Sami A. can not be deported because he is tortured in Tunisia and inhuman treatment threatened. The Higher Administrative Court (OVG) Münster confirms the verdict. On the basis of these judgments, the Federal Office for Migration and Refugees (Bamf) issues a ban on expulsion. [194559006] 2014: The Bamf recalls this prohibition of expulsion in July 2014. Reason: In the aftermath of the "Arab Spring", there was a change of regime in Tunisia. Sami A. no longer threatens torture in his homeland.
2016: The courts see it differently – and again pronounce in favor of Sami A. – in June 2016 the VG Gelsenkirchen, in April 2017 the OVG Münster. The local court notes that on his return to Tunisia, he "risks being subjected to torture, inhuman or degrading treatment."
Deportation
18 June 2018: The State of North Rhine-Westphalia asks the Federal Police to provide information to prepare a return flight with security escort from Düsseldorf to Enfidha in Tunisia. The Federal Police has booked a corresponding scheduled flight for July 12th. The Bamf had already ordered the immediate deportation, because according to him, the previously recognized obstacles to deportation should have stopped.
25. June 2018: Police arrest Sami A. while he finishes his daily registration at a police station. The Immigration Office is preparing for his deportation, Sami A. is in detention
Earlier, the Federal Minister of the Interior, Horst Seehofer, personally lobbied: "My goal is to achieve to deportation. Chancellor Angela Merkel also comments publicly on the case. Sami A. makes several claims against VG Gelsenkirchen against his deportation.
27. June 2018: According to the court, the court is informed by the lawyer Sami A. that the eviction is scheduled for August 29. The court asks Bamf to inform whether an earlier expulsion date should be set.
29. June 2018: The State of North Rhine-Westphalia asks the Federal Police to cancel the flight scheduled for July 12 "as the actions of resistance aboard the aircraft can not be excluded by the returnee ". ]. 6 July 2018: According to the Federal Police, the state of North Rhine-Westphalia again asks to prepare the deportation of Sami A. by simple charter to Enfidha.
9. July 2018: The federal police headquarters confirms to the state of North Rhine-Westphalia that the requested deportation flight can take place on 13 July.
11. July 2018: According to his own account, the court takes the files of the authority of aliens that the deportation for the evening of July 12 is scheduled – the date, which according to the federal police at that time is more current. The VG asks Bamf, in his own words, a so-called immobile promise – so do not deport before the court decision. The court reserves the right, by express decision, to take a provisional decision "not to develop facts until the decision on the application".
According to a spokeswoman for the Federal Ministry of the Interior, there were plans for repatriation on Friday, July 13, 2018. "Later, it is added that Minister Seehofer was personally informed about the projects. And it was also of other possible dates
Getty Images
Horst Seehofer
12. July 2018: The Bamf informs the court, in consultation with the competent Ministry of Refugees of the Land of North Rhine-Westphalia in Dusseldorf, that the flight reservation for the deportation was canceled on July 12. Apparently, the court badumes that the cancellation (actually a long time ago ) is the result of the current proceedings.There is no mention of a date of expulsion on July 13 in the communication between the court and Bamf.
The VG waives a preliminary decision and decides instead the same day that Sami A. can not be extra It is said that there is no "diplomatic commitment on the part of the Tunisian government" according to which A. is not threatened with torture in the country of origin. North Africa, it is said.
The Chamber files its 22-page decision at 7:20 pm in court. It's no longer busy right now. Not long ago, Sami A.'s lawyer filed a motion for protection against deportation with the court.
13. July 2018: In the early morning, the NRW National Police selects Sami A. from the Büren Detention Center and takes her to Düsseldorf Airport. There, the federal police takes it at 5.05 clock at the reception. At 6:54, the charter machine was lifted with Sami A. on board to Tunisia
DPA
Büren Prison
Without knowledge of the deportation sent the decision between 8:09 and 8:15 am his decision by computer fax to participants: to Sami A.'s lawyer, the Bamf, the authority of aliens. A little later, reports the newspaper "Bild", which has repeatedly reported the case: Sami A. is en route to Tunisia
At 09h08 Sami A. lands on the airfield. Enfidha, about 100 kilometers south of Tunis. At 9:14, police officers accompanying the federal police hand over the man to the Tunisian authorities
Shutterstock / Voyage authentique
Enfidha-Hammamet in Tunisia (image archive) [19659035] The court of Gelsenkirchen tried to cancel the deportation at the last moment: A judge reports to the authority of foreigners in Bochum around 9:25 "that the applicant – it's currently in the transit area of the destination airport – comes back by plane. " According to the court, the authorities declare that they have "no knowledge of the flight data".
At 9:36, the plane without Sami A. again leaves the Enfidha airport. According to information from online media, the federal police only learn after 10 hours that the court has banned deportation.
In the afternoon, the VG informs that the deportation is "grossly illegal" and violates the "fundamental constitutional principles". As a result, Sami A. was to be "immediately returned to the Federal Republic of Germany at the expense of the immigration authorities".
14. July 2018: The NRW Refugee Ministry announces a complaint against the return decision, which must be filed together with the Ausländerbehörde der Stadt Bochum. The Tunisian judiciary, meanwhile, claims jurisdiction over Sami A. "This case concerns Tunisian justice, which is a sovereign state," said the anti-terrorist prosecutor Sofiene Sliti
. July 2018: The Prime Minister of North Rhine-Westphalia, Armin Laschet (CDU), defends his government: "We, as politicians, must decide according to the law – that is what the government did. " The court's decision was received too late.
The federal government rejects any responsibility in the case. This is with the country NRW. Seehofer also had not insisted on the deportation: "There was no influence on the procedural steps."
The Ministry of the Interior considers that the order of Expulsion is legal because there was no other court order. The Ministry and the Chancellery also state: If the decision had been known, the deportation should not have taken place.
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