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

, رقم الوثيقة: EUR 23/004/1995

The Federal Constitutional Court in Karlsruhe ruled on 9 February 1995 that Fariz Simsek should not be deported before 15 March 1995 at the latest, unless an official medical assessment certified that he was not at risk of suicide in the case of such a deportation. A further ruling is possible later. Fariz Simsek was released from deportation detention on 1 February and is now with his family, awaiting the outcome of various judicial proceedings which his lawyers have initiated.

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
GERMANY Fariz _im_ek, rejected Kurdish asylum-seeker from Turkey
The Bavarian authorities had planned for Fariz _im_ek 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 _im_ek'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 _im_ek should not be deported before 15 March 1995 at the latest,
unless an official medical assessment (amtsarztliche Begutachtung) certified
that Mr _im_ek 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 _im_ek's
constitutional complaint.
On 1 February the deadline for Fariz _im_ek'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.

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