Individual seeking asylum in Italy potentially escape deportation to native land.
Germany faces a dilemma over extraditing a Kurdish refugee in Germany, initially hailing from Turkey, who's accused of a murder allegedly committed before he left for Italy in 2010. In Italy, this individual's political persecution by Turkish authorities due to his backing for the illegal Kurdistan Workers' Party (PKK) earned him refugee status, valid until 2030. He's been residing in Germany since 2019.
Turkey sought his extradition via Interpol, leading to his arrest and detention in Germany. However, Germany's Federal Constitutional Court in Karlsruhe demanded a reevaluation of the extradition case, criticizing the Higher Regional Court Hamm for failing to consult the European Court of Justice (ECJ) on open European law questions.
The Higher Regional Court Hamm then posed a question to the ECJ concerning the extradition of the said individual to Turkey, to which the ECJ flatly refused, irrespective of the reasons behind the extradition request. Consequently, the German authorities were mandated to connect with their Italian counterparts.
Until Italy revokes his refugee status, the accused cannot be extradited. If Italy votes to rescind his refugee status, Germany must follow up on additional procedures.
The German authorities must then determine whether the individual is eligible for asylum. They must also confirm that he wouldn't be at risk of capital punishment, torture, or any other inhumane or degrading punishment or treatment if extradited to Turkey.
In this particular case, the Higher Regional Court Hamm is handling the decision, being bound by the legal opinion of the ECJ.
Read also:
- Despite Turkey's request for extradition of the Kurdish refugee through Interpol, he continues to enjoy refugee status in Italy until 2030 due to his political persecution by Turkish authorities related to his support for the PKK.
- The accused's arrest and detention in Germany stemmed from Turkey's extradition request, but the German Federal Constitutional Court in Karlsruhe ordered a reevaluation of the case, criticizing the Higher Regional Court Hamm for failing to consult the ECJ on European law questions.
- The Higher Regional Court Hamm subsequently posed a question to the ECJ regarding the extradition of the individual to Turkey, and the ECJ firmly rejected the request, irrespective of the reasons behind Turkey's extradition demand.
- Germany now needs to collaborate with Italian authorities as the ECJ's rejection means the accused cannot be extradited until Italy revokes his refugee status.
- If Italy decides to rescind the refugee status, Germany must undergo additional procedures to determine the accused's eligibility for asylum and evaluate whether he would be at risk of capital punishment, torture, or other inhumane treatment in Turkey.
- In this specific case, the Higher Regional Court Hamm is responsible for making a decision, with its judgment bound by the legal opinion of the ECJ.
- The PKK, or the Kurdistan Workers' Party, is a banned organization in Turkey, which the accused reportedly supported, leading to his persecution and subsequent asylum in Italy.
