Ruling of the nrw higher administrative court: bochum must bring back sami a.

Sami A. was deported as an Islamist dangerous person – now a court has ruled: He must be brought back. It remains to be seen whether and how this will work out.

All options for opposing Sami A.’s return seem to have been exhausted Photo: dpa

The city of Bochum must bring the deported Islamist Sami A. back to Germany, according to a decision by the North Rhine-Westphalian Higher Administrative Court. This was announced by the court on Wednesday. The OVG was the last legal instance in this summary proceeding. However, the city of Bochum still has a constitutional complaint and thus the go to Karlsruhe before the Federal Constitutional Court – but that would have no suspensive effect on the return.

It is unclear how quickly Sami A. could return to Germany. Most recently, a spokesman for the public prosecutor’s office in Tunisia had stressed that the dangerous person deported from Germany was under investigation and would have to remain in Tunisia.

Sami A., classified by the security authorities as an Islamist threat, was deported to Tunisia on July 13. The Administrative Court of Gelsenkirchen had prohibited his deportation one day earlier. The judges were concerned that Sami A. could be tortured in Tunisia. However, this decision was not delivered to the responsible Federal Office for Migration and Refugees (Bamf) until the next day – when Sami A. was already on the plane to Tunisia.

The Gelsenkirchen Administrative Court accused the responsible authorities of unlawful conduct due to the rapid deportation and ordered the state to immediately bring back the Tunisian. The city of Bochum now wanted to defend itself against this before the OVG – without success.

Preliminary proceedings were discontinued

Sami A. had been living in Bochum with his wife and children for years. He had come to Germany in 1997 to study. In an earlier decision, the OVG considered it proven that he had received military training in an al-Qaeda camp in Afghanistan and was for a time part of the bodyguard of terror chief Osama bin Laden. Subsequently, Sami A. is said to have been active in Germany as a Salafist preacher.

The Tunisian has always denied these accusations; he describes the corresponding witness statements against him as false. In 2006, the Federal Public Prosecutor’s Office initiated an investigation to clarify whether Sami A. was a member of a foreign terrorist group. It was discontinued a year later because the suspicion could not be substantiated "with the sufficient certainty required for an indictment." According to the Dusseldorf Ministry of Justice, the case of Sami A. has already occupied courts in North Rhine-Westphalia 14 times between 2006 and June 2018 alone.

Leave a Reply

Your email address will not be published. Required fields are marked *