Document - Germany: Further information on fear of imminent refoulement: Fariz Simsek, rejected Kurdish asylum-seeker

EXTERNAL (for general distribution)AI Index: EUR 23/04/95

Distr: UA/SC

17 February 1995

Further information on EXTRA 11/95 (EUR 23/01/95, 30 January 1995) and follow-up (EUR 23/02/95, 1 February) - Fear of imminent refoulement

GERMANYFariz Şimşek, rejected Kurdish asylum-seeker from Turkey

The Bavarian authorities had planned for Fariz Şimşek to be deported on 31 January 1995 from Munich airport to Turkey. However, his deportation was deferred on request of the Federal Constitutional Court, to which Fariz Şimşek's lawyers had applied for a preliminary injunction (einstweilige Anordnung) pending their submission of a constitutional complaint (Verfassungsbeschwerde) and a ruling by the Constitutional Court on it.

On 9 February, the Constitutional Court decided on this application. It ruled that Fariz Şimşek should not be deported before 15 March 1995 at the latest, unless an official medical assessment (amtsarztliche Begutachtung) certified that Mr Şimşek was not at risk of suicide in the case of such a deportation. The decision was given with the proviso of a possible further ruling later on. Meanwhile the Constitutional Court is considering Fariz Şimşek's constitutional complaint.

On 1 February the deadline for Fariz Şimşek's deportation detention ended and he was released from prison. He is now with his family awaiting the outcome of various judicial proceedings which his lawyers have initiated.

No further action by the Urgent Action Network is required. Thanks to all UA participants who sent appeals.