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The Federal Police informs that it has taken cognizance of the decision of the Administrative Court of Gelsenkirchen only after the transfer of Sami A. to the Tunisian authorities . Photo: Paul Zinken … / Archive
Source: dpa-infocom GmbH
Nobody is allowed to be tortured – not even an extremist: With this principle, the administrative court of Gelsenkirchen has long prevented deportation, Then he will be brought to his homeland. What happened here?
B erlin / Dusseldorf (dpa) – For years the authorities are fighting over the deportation of an Islamist. Then suddenly everything goes very fast, and the man finds himself again in Tunisia. The most important questions on the case at a glance:
What did the federal government know?
Leaders including Minister Horst Seehofer (CSU) already knew Wednesday plans for eviction for Friday. However, it was not possible to predict with certainty if the robbery would take place because "the decision-making authority belongs to the state of North Rhine-Westphalia," said a spokesman for the Federal Ministry of the Interior. More dates for the flight were in the room. The federal police had reported to NRW Monday already informed of the deportation scheduled for Friday. And not only the NRW government was in the picture: "The Foreign Office received on Monday 09.07., A message on one for 13.07 .The eviction theft planned in Tunis," he told the Ministry of Foreign Affairs.
Why the plane was not stopped with Sami A.?
Authorities initially did not respond.The court banned an eviction the day before (Thursday) At 8:10 am on Friday morning, the Bamf was informed by the court by fax, at which time the plane was still in the air with Sami A., according to the federal police, only at 9:14 German time. was handed over to the Tunisian authorities, however, the Federal Police was not aware of the decision of the Administrative Court of Gelsenkirchen before 10 am
Sami A. is it dangerous?
The investigation of the Federal prosecutor's office against the alleged al-Qaeda leader's alleged body killed Osama Although bin Laden were arrested in 2007. But Sami A. has since been a so-called threat to the security authorities. According to the NRW Ministry of the Interior, he was not allowed to leave his hometown of Bochum and must report to the police every day.
A person in danger is a person who justifies certain facts that she will commit crimes of political importance. ". However, this definition is not legally binding. It is simply an badessment by the security authorities
Was Tunisia satisfied that the deportation would require that Sami A. not be tortured in case of repatriation?
The judiciary and politics are fighting over this. According to the Ministry of Refugees of North Rhine-Westphalia, such diplomatic badurances do not constitute a legal obligation to expel. In principle, however, the federal government was responsible for obtaining diplomatic notes, if they were necessary. The Administrative Court of Gelsenkirchen, meanwhile, insists on the binding badurance of the Tunisian government that Sami A. is not threatened with torture at his home.
In this case, the authorities would not have considered that such insurance was necessary, said Monday a spokeswoman for the Federal Ministry of the Interior – also because the Federal Constitutional Court has recently authorized deportation in the case of Tunisians Haikel S. The judges of Karlsruhe had seen in the case of the terrorist suspect S. no danger threatening him in his native country, the death penalty
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