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Gelsenkirchen / Münster (dpa) – In the legal tussle with the Islamist Sami A., who was deported to Tunisia, the city of Bochum is threatened with fine of 10,000 euros.
The Higher Regional Administrative Court (OVG) of North Rhine-Westphalia today rejected a complaint by the city against an ultimatum for the recovery of the Tunisian clbadified as a threat. The Administrative Court Gelsenkirchen had laid the ultimatum.
The deadline was until Tuesday, July 31 at midnight. Sami A.'s lawyer had announced on Tuesday that she would demand the payment of the penalty immediately after the deadline. Until now, the city of Bochum had made no effort to comply with its obligation to return, she stated, inter alia, in the grounds of the OVG in Münster .
The judges did not follow Bochum's argument that a return for legal reasons is impossible, as the deportee is currently not allowed to leave Tunisia ]. It can not be said that such efforts are desperate from the start. On the Tunisian side, a return of Sami A. has not been considered as having been excluded.
According to the Tunisian authorities, Sami A. can not go to Germany at the moment. His pbadport remains in the possession of the authorities, against him will be investigated further. The ex-guard of the alleged body of the killed in 2011, the head of al-Qaeda, Osama Bin Laden, was expelled from Germany on July 13, although the Gelsenkirchen court decided the eve that he was not allowed to torture in Tunisia. The decision was only pbaded when the charter plane was already in the air.
The second call Bochums against the return resolution of the Administrative Court Gelsenkirchen of 13 July "is still pending," said the OVG. For this purpose, until next Monday, the deadline for comments and only 13.8. Periods of justification, that is why it is only while decisions can be expected. The Islamist lawyer has announced new demands for punishment, as long as Sami A. has not been brought back to Germany.
The OVG is urgently in the last call. Unlike the administrative court in Gelsenkirchen, where two different chambers have pbaded different resolutions in the expulsion dispute this month, only one senate will deal with the case at the OVG.
The decision of the Gelsenkirchen asylum chamber of 12 July, according to which Sami A. should not have been pushed into Tunisia, is unquestionable and is not the object of the decision of the OVG, said a spokesman for the Authority.
Judgment of the Oberverwaltungsgericht NRW 2015
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