Deportations to Syria – what would be the consequences?

Several interior ministers want to deport criminal refugees to Syria in the future. But not only is the security situation dangerous, but even diplomatic obstacles stand in the way of the proposal.

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Starting Wednesday, the interior ministers of the federal and state governments met in Magdeburg. In the cycle, one issue in particular should be discussed: should it be possible in the future to expel convicted criminals and alleged perpetrators from Syria to their country of origin?

A year ago, the interior ministers decided to extend the ban on expulsion for one year. By the end of 2018, this judgment will expire.

In the run-up to the conference, several politicians demanded that deportations to Syria be possible again.

In the context of an alleged mbad rape committed in Freiburg, Baden-Württemberg's Interior Minister, Thomas Strobl, criticized the fact that expulsion also applies to the guilty parties. "Nobody understands this – and honestly, I do not understand it," he told the German news agency.

His colleagues from Bavaria and Saxony also called for an examination of the subject, as did Annegret Kramp-Karrenbauer, presidential candidate of the CDU party.

Horst Seehofer cons with the Foreign Office report

Federal Minister of the Interior Horst Seehofer (CSU) is currently refusing deportations to Syria. He discusses with a situation report of the foreign affairs office.

However, he concludes that the situation of refugees deported to Syria remains extremely dangerous.

Although the report is not publicly available, several media have cited it, such as Bayerischer Rundfunk.

According to this document, the Foreign Office states: "There is no comprehensive, durable and reliable internal protection for persecuted persons in any part of Syria, nor legal security nor protection against political persecution, arbitrary arrests and the torture".

However, the principle of non-refoulement under international law stipulates that no one may be returned to a state threatened with violation of fundamental human rights. This is also what Seehofer refers to.

Syrian expert: returnees threatened with reprisals

The dangerousness of life in Syria varies from one province to another. The location is confusing.

Large areas of the country are now under the control of the Syrian government of Bashar al-Assad. There is no active combat in these areas, says Regine Schwab, a Syrian expert at the Max Planck Institute for Ethnological Research in Halle.

In Aleppo, however, there was another toxic gas attack last weekend, in which more than 100 people were injured. The responsibility for the attack is blamed on the rebels and the government.

In an interview with our editorial team, said Schwab, there are other problems: "For example, jihadists control much of Idlib and there are still attacks." Last week, pro-democracy activist Raed Fares was shot dead in the province.

In government-controlled areas, returnees must now fear retaliation from the regime.

The Assad government has repeatedly tried to provide an amnesty to returnees. "But abroad, they have hardly generated resonance, simply because there is no confidence in the scheme," said Regine Schwab. She believes that opposition to her return is still waiting for arrests or torture.

Ms Schwab explains that experience has shown that there are various reconciliation programs, especially in areas reconquered by the government, such as East Ghouta or Homs.

"After that, it happened that people who participated in it were still arrested, not only for opposition fighters, but also for civilians." Schwabs conclusion: "There is simply no guarantee of security in Syria."

Germany lacks diplomatic relations with Syria

In addition, there are legal obstacles: to deport a person to one's country of origin, contacts with the government of that country are usually necessary.

"From a legal point of view, the existence of diplomatic relations is not a prerequisite for deportation to a country of origin," says a spokesman for the federal ministry of Inside at the request of our editors. "However, at least rudimentary contacts with the responsible authorities are necessary for practical implementation."

However, relations with the Syrian government largely banned internationally have broken Germany.

Theoretically, it is possible to expel a foreign citizen to a country other than his country of origin. The person concerned should also have citizenship of this country, according to the Federal Ministry of the Interior.

In addition, the third country concerned should be ready to accept the person. "Practically, this will of other states has almost never been achieved," said the spokesman.

A compromise emerges for the Conference of Ministers of the Interior: Boris Pistorius (SPD) of Lower Saxony proposed to renew the ban on deportation to Syria – but only six months instead of twelve. In six months, the subject would return to the agenda.

Sources used:

• Interview with Regine Schwab, Max Planck Institute for Ethnological Research (Halle / Saale)
• Federal Ministry of the Interior, for construction and the country, press office
• BR.de: Deportation to Syria: Seehofer contradicts Kramp-Karrenbauer
• German Bundestag: state of play – International requirements and respecting human rights for the expulsion of refugees who have become criminals
• Focus Online: Pistorius: no chance of early expulsion of Syrians
• Stimme.de: Strobl asks the federal government to clarify expulsions from Syria
• Tagesspiegel.de: Raed Fares, Syrian activist for democracy, shot dead
• Time Online: Apparently, more than 100 people were injured in a toxic gas attack in Aleppo