Neither Bavaria nor the Federal Republic have to pay an Afghan refugee compensation for a close month in deportation. The order of detention was legal in his case, the Karlsruhe Federal Court (BGH) ruled.
People who have been unlawfully imprisoned are entitled to compensation under Article 5 of the European Convention on Human Rights. In the case of the Afghans, the Landgericht München I had suspended the execution in 2013 after 27 days of detention and declared the deprivation of liberty unlawful. But the man now wanted a total of 2700 euros compensation.
Because Bavaria was not involved in this process, this finding is not binding for the compensation process, the BGH judges ruled. Unlike the district court, they consider the order of deportation detention plausible. The man said that he did not want to go back to Slovakia, where he first applied for asylum. Despite the participation of the Federal Police, he has no claims against the Federal Republic, because the detention had been ordered by regional magistrates.
The man came to Germany in 2013 with his wife and one and a half year old daughter. Because the family had applied for asylum in Slovakia, she should be deported there. To ensure this, the man was imprisoned for 27 days in a separate department of the prison Munich-Stadelheim. Wife and daughter came to a Passau refugee shelter. After his release, the man had sought refuge in church asylum until he could no longer be deported. He is now recognized as a refugee in Germany.
Reference number: III ZR 67/18