After a decision of North Rhine-Westphalian Administrative Court (OVG), city of Bochum must bring back alleged Islamists Sami a., who were deported to Tunisia, to Germany. His deportation was “obviously illegal”, OVG shared with last instance after an emergency procedure. The city of Bochum announced that it would bear cost of return of Islamist Gefährders and a. To allow return. The Foreign Office must have issued visa, said a spokesman. Then A. can return voluntarily.
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However, Tunisian judiciary insists on being exclusively responsible for Sami a. “This verdict has no consequences for us,” said a ministry spokeswoman of picture. In principle, Tunisia does not deliver its citizens, said a spokesman for prosecutor responsible for terrorism.
After his deportation from Germany, a. was first imprisoned in Tunisia, but was released shortly reafter. The investigators did not find any evidence of involvement in terrorist activities, said reasoning. The investigation, however, is still running, a. S passport has been withheld.
Sami A. Was accused of being former bodyguard of killed al-Qaeda chief Osama bin Laden. This has not been proven so far. A. 1997 had come to Germany to study. On July 13 he was deported from North Rhine-Westphalia. The administrative Court of Gelsenkirchen had decided on evening before that this was not permissible, as it threatened torture in Tunisia. However, decision was only sent in morning when Charter machine with Sami a. was already in air. The city of Bochum filed a complaint against decision of Administrative Court.
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The lawyer of A. had also asked to bring him back. The authorities had resisted this: Immigration Office Bochum had issued for a. The entry barrier for Germany and in Schengen countries, as is customary for deported asylum seekers.
Because city of Bochum had not sufficiently examined possibility of bringing a. To Germany, Administrative court of Gelsenkirchen imposed a penalty payment of 10,000 euros. The city of Bochum could now call Federal Constitutional Court in Karlsruhe and lead constitutional concerns, but, according to speaker, renounces furr legal steps.
State Refugee Minister Joachim Stamp (FDP) reacted with criticism to immediate decision of judges. “We regret that Supreme Administrative Court does not deal with substance of central question of wher Sami a. In Tunisia is in danger of torture,” said stamp. The Administrative Court had justified its decision with this danger. “We are still firmly convinced that Sami a. Was neir tortured in Tunisia nor threatened with torture in future,” said Stamp. The conclusions to be drawn from court decision for future cases are now to be determined. However, “course of consequent deportation of Gefährdern” will continue unchanged.
