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Dusseldorf / Tunis (dpa) – The deportation of the former bodyguard of al-Qaeda leader Osama Bin Laden to Tunisia despite a contrary judgment threatens to become a tussle legal.
The Administrative Court Gelsenkirchen declared Friday's deportation "grossly illegal". It "violates fundamental constitutional principles". Therefore, Sami A. "immediately recover at the expense of the foreign authority in the Federal Republic of Germany". The Ministry of Refugees of North Rhine-Westphalia wants to appeal this decision but, with the Bochum City Immigration Office, appeal to the Higher Administrative Court.
The question of whether Tunisia would make his citizen to Germany remains open. According to Tunisian government circles, according to the newspaper "Bild" (Saturday), because of allegations, it is hard to imagine that Sami A. could easily return to Germany.
Sami A., who was considered by the security authorities as an Islamist threat, was repatriated to his country on Friday morning accompanied by federal police using a charter plane from Düsseldorf . On Thursday, the Gelsenkirchen Administrative Court had decided that he should not be deported for the moment. This was justified by the court that there is no certainty that Sami A. will not be tortured in Tunisia.
The court informed the Federal Office for Migration and Refugees (Bamf) of its decision only when Sami A. was already on the plane. The fact that this decision was so late in Bamf was due to the fact that all the authorities involved, despite repeated requests, did not announce the date of the planned expulsion, the administrative court said.
The chairman of the Amri Bundestag inquiry committee, Armin Schuster (CDU), has pleaded not to bring Sami A. back to Germany for the moment. First, the next instance should decide, he told the "Central German newspaper" (Saturday). "I do not have sleepless nights – after all, it's a dangerous al-Qaeda trainee who has to leave."
Sami A.'s lawyers welcome the clear words of the Gelsenkirchen Administrative Court in its decision to recover the Tunisian. "If the authorities override judicial decisions, legal certainty is in danger," said one of the lawyers, Seda Basay-Yildiz, of Frankfurt / Main of the German News Agency. Friday night.
The plane with Sami A. on board landed Friday morning at 8:11 am local time at Enfidha airport in Hammamet. According to their own statements, the Tunisian authorities determine whether A. was involved in "extremist activities" in Germany. He is under arrest, said a spokesman for the Tunisian Ministry of Justice. A spokesman for the Tunisian counterterrorism agency told the newspaper "Bild" (Saturday) that Sami A. had been interrogated in Tunis.
Sami A. lived for years with his wife and children in Bochum. He came to Germany in 1997 to study. In 2000, he reportedly received military training at an al Qaeda camp in Afghanistan and would have heard of Osama bin Laden's bodyguards. Bin Laden is the founder of the al-Qaida terrorist network. He was killed by an American commando in Pakistan in 2011.
Subsequently, Sami A. was reportedly active in Germany as a Salafist preacher. The Tunisian has always denied these allegations. The federal prosecution had opened preliminary criminal proceedings against him according to the court, but stopped for lack of sufficient suspicion again.
PM decision administrative court Gelsenkirchen
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