Rechtstaat verteidigen: Abschiebungen nach Afghanistan und Syrien unter Völkerrechtlupe

Strengthening the Rule of Law – Illegal Deportations to Afghanistan and Syria

In light of recent events, the focus is on the importance of upholding the rule of law and respecting international legal principles. The Republic Lawyers‘ Association (RAV), the New Association of Judges (NRV), the Working Group on Migration Law of the German Bar Association (DAV), PRO ASYL, and the Refugee Councils of the federal states advocate for the rule of law as the cornerstone of our democracy. This includes adhering to international legal principles, especially in the context of deportations to countries where individuals face potential human rights violations.

The tragic incident in Mannheim has sparked debates surrounding the deportation of individuals involved in serious crimes to Afghanistan and Syria. It is essential to ensure that justice is served within the framework of a functioning rule of law. However, it is crucial to recognize that deportations to countries where there is a risk of torture and other severe human rights abuses are in violation of international law.

The prohibition of torture unequivocally prohibits deportations to countries where individuals are at risk of torture, inhuman or degrading treatment or punishment. This fundamental principle, enshrined in Article 3 of the European Convention on Human Rights and Article 4 of the EU Charter of Fundamental Rights, applies to all individuals, irrespective of the crimes they have committed. It is imperative that individuals serve their sentences in Germany, where their human dignity is protected.

The volatile human rights situation under the Taliban regime in Afghanistan underscores the dangers of deportations to the country. Reports from international organizations and the United Nations highlight extrajudicial killings, arbitrary arrests, torture, and other abuses perpetrated by the Taliban. Women and girls are particularly vulnerable to rights violations, with restrictions imposed on their freedoms. The European Asylum Agency confirms that there are no internal protection alternatives in Afghanistan, emphasizing the risks faced by individuals deported to the country.

In Syria, the Assad regime’s track record of systematic torture and human rights violations raises significant concerns. International organizations, such as UNHCR, OHCHR, and Amnesty International, have documented cases of torture, enforced disappearances, and arbitrary detentions. Deportations to Syria have been deemed a violation of Article 3 of the ECHR by the European Court of Human Rights, further underscoring the risks faced by deportees. The current situation in Syria does not guarantee a safe return for individuals, as they may face persecution, arbitrary arrests, and torture upon their arrival.

In dealing with the threat of Islamist terrorism, right-wing extremism, and antisemitism, the rule of law in Germany is demonstrated through fair and just legal proceedings. Individuals who commit heinous acts face repercussions under German law, regardless of their nationality. However, deportations to countries where individuals risk torture, abuse, and human rights violations are incompatible with the rule of law and international legal standards.

Amid challenging times, it is imperative for political actors to defend the rule of law and uphold fundamental principles. By doing so, our democracy is fortified against those seeking to undermine it.