Germany's Dysfunctional Deportation System

Authored by Soeren Kern via The Gatestone Institute,

A court in Gelsenkirchen has ruled that deporting a self-declared Islamist - suspected of being a bodyguard of the former al-Qaeda leader Osama bin Laden - was "grossly unlawful" and ordered him returned to Germany.

The case has cast a spotlight on the dysfunctional nature of Germany's deportation system, as well as on Germany's politicized judicial system, which on human rights grounds is making it nearly impossible to expel illegal migrants, including those who pose security threats.

The 42-year-old failed asylum seeker from Tunisia - identified by German authorities as Sami A., but known in his native country as Sami Aidoudi - had been living in Germany since 1997. Aidoudi, a Salafist Islamist, is believed by German authorities to have spent time in Afghanistan and Pakistan before the al-Qaeda attacks against the United States on September 11, 2001. Since then, he was under surveillance by German intelligence for propagating Islamist teachings and attempting to radicalize young Muslims. He had "far reaching" relationships with Salafist and jihadist networks, according to an official report leaked to the German newsmagazine, Focus.

Aidoudi's asylum request was rejected in 2007 after allegations surfaced that he had undergone military training at an al-Qaeda jihadi camp in Afghanistan between 1999 and 2000. During his training, he had allegedly worked as a bodyguard for Osama bin-Laden. Aidoudi denied the charges and claimed to have been studying during that time in Karachi, Pakistan.

Sami Aidoudi (left) lived in Germany since 1997, until he was deported to his homeland of Tunisia on July 13, 2018. He is alleged to have undergone military training at an al-Qaeda jihadi camp in Afghanistan between 1999 and 2000. He had allegedly worked as a bodyguard for Osama bin-Laden (right) during his training. (Image sources: Aidoudi - SpiegelTV video screenshot; Bin Laden - Wikimedia Commons)

Despite rejecting Aidoudi's asylum application, German courts repeatedly blocked his deportation out of fears that he could be tortured or mistreated in his homeland.

In April 2017, for instance, a court in Münster ruled that Aidoudi faced "the considerable likelihood" of "torture and inhumane or degrading treatment" if he returned to Tunisia.

In April 2018, Aidoudi's continued presence in Germany sparked public outrage when it emerged that he had been living in Bochum for more than a decade with his German wife and their four children - at taxpayer expense - even though German intelligence agencies had classified him as a security threat.

In response to an inquiry from the anti-immigration party Alternative for Germany (AfD), the government in North Rhine-Westphalia confirmed that for years Aidoudi had been receiving €1,168 ($1,400) each month in welfare and child-support payments.

In May 2018, Germany's Constitutional Court ruled that another Tunisian jihadi - identified only as 37-year-old Heikel S., accused of involvement in the March 2015 jihadi attack on the Bardo museum in Tunis - could be deported to his homeland.

Interior Minister Horst Seehofer seized on this ruling and called on immigration authorities to make Aidoudi's case a top priority. "My goal is to achieve deportation," he said.

On June 25, Aidoudi was detained after Seehofer ordered immigration authorities to expedite deportation proceedings.

A few weeks later, on July 13, before dawn, Aidoudi, escorted by four federal police officers and a doctor, was placed on a specially chartered Learjet and flown from Düsseldorf to Tunisia. Aidoudi's deportation cost German taxpayers nearly €80,000 ($95,000), according to Focus magazine.

Although the Gelsenkirchen Administrative Court had blocked Aidoudi's deportation the night before, the decision was not passed on to immigration authorities until the next morning — after the plane was already airborne.

When the court learned of Aidoudi's deportation, it demanded that he be returned to Germany. The court said that Aidoudi's deportation had infringed upon "fundamental principles of the rule of law." The judges, apparently sensing that they had been duped, complained that German immigration authorities had failed to reveal to them the time of Aidoudi's flight and implied that those authorities had "knowingly" defied the court's order.

The next day, on July 14, Tunisian authorities added fuel to the fire by saying that they had no plans to return Aidoudi to Germany. "We have a sovereign justice system that is investigating him," a spokesperson for Tunisia's public prosecutor's office, Sofiene Sliti, told the DPA German news agency.

On July 17, Aidoudi claimed that his deportation was "pure racism" and implied that he would file a lawsuit against the German government. In an interview with Bild, he said:

"I was kidnapped from Germany. At three o'clock in the morning they simply took me away. I told the police: 'This is not possible. A court has blocked my deportation.' But they said the order had come from the top and that I could not do anything about it. I was not even allowed to see my lawyer. They also prevented me from contacting my wife and children."

Seehofer blamed the deportation on a "communication failure" but his critics accused him of knowingly trying to out-maneuver the German courts.

Justice Minister Katarina Barley, a Social Democrat, said:

"What independent courts decide, must apply. When the authorities choose which judicial decisions they will follow and which they will not, that is the end of the rule of law."

In an interview with Süddeutsche Zeitung, Greens leader Robert Habeck said:

"Either it is absolutely embarrassing chaos, or it stinks to high heaven, because the authorities at the interior ministry wanted to make an example [of Sami A].

"First and foremost, we need to clarify whether Interior Minister Horst Seehofer personally tried to circumvent the court's decision.

"In any event, the damage that has now been done is much greater than waiting for the court decision. The authorities are weak and stupid, especially in times when trust in institutions is dwindling."

By contrast, critics of Germany's deportation system called for changes to the existing laws. The CDU/CSU parliamentary group member Axel Fischer said that under the current system, "The personal rights of Islamists are given more weight than the security interests of the German people." He added that current legislation "gives the impression that it is virtually impossible to deport Islamist perpetrators to countries such as Tunisia, regardless of how dangerous they are."

In an editorial published before Idoudi's expulsion, the newspaper Bildcommented on Germany's dysfunctional deportation system:

"The deportation lunacy of ex-bin Laden bodyguard Sami A. is never-ending. German authorities still see no way to send the top Salafist back to his homeland — even though Tunisia's Minister for Human Rights, Mehdi Ben Gharbia, assured Bild that there is NO risk of torture in Tunisia.

"Since 2006, the Federal Office for Migration and Refugees (BAMF) and the state government of North Rhine-Westphalia have been trying in vain to get rid of the former confidant of the mass murderer Osama bin Laden.

"Although the al-Qaeda man (living in Bochum since 1997) is classified by the constitutional protection as a 'dangerous preacher,' he continues to be tolerated in Germany, and collects 1,100 euros in monthly support.

"In the words of Alexander Dobrindt, a Member of the German Bundestag, 'Salafists such as Sami A. have no business in Germany and should be deported. Germany should not be a retirement retreat for jihadists.'"

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Comments

nmewn Bokkenrijder Thu, 07/19/2018 - 05:21 Permalink

They've done the same thing here in America.

I mean, the pinnacle of hypocrisy has to be Joe Kennedy III calling for the translator between Trump & Putin to be brought before Congress to get to the bottom of any "Russian collusion" when in fact it was his uncle Teddy who was the one that was ACTUALLY CAUGHT colluding with the Russians back in the 80's ;-)

In reply to by Bokkenrijder

Superlat ACP Thu, 07/19/2018 - 07:55 Permalink

Ironic that this clown's muslim home of origin is ready to prosecute him when the Germans can't even decide to get rid of him for good. Maybe the West has learned the lesson about Islamic countries needing secular dictators. You can't have a religious democracy. It didn't work with christianity either, and it's not working in catholic countries either. You have to educate people out of it, and until they are educated, you have to rule by force, not by law, since respect for non-religious law is based on enlightenment. The most functional S American countries are the ones who had heinous dictators, from Chile to Argentina to Panama.

Humans are the worst animals by a country mile. None are even close. The Germans are finding their way, slowly but surely. Modern women will take forever to learn this lesson about medieval religious practices, but a lot of rapes and haarassment is opening their eyes. After that, the German system of socialism, instead of right-wing trickle down bankster economics, will assure their country is far more liveable than this sh*thole. Plus, they have the huge value-added bonus of having got rid of the yid menace, once thought horrific (it was), but wow, did it help them long-term. Same with Russia. Stop blaming the libs, and look at the yids who have been ruining America the last 20 years in particular. Not even close to all yids are libs, at least half are right-wing neocon and bankster violent psycopaths.

In reply to by ACP

yvhmer BarkingCat Thu, 07/19/2018 - 12:07 Permalink

This again is bull shit. 

Some tribes sacked it. Ending it it did not. The laws, the throne, the institutions, the money, the trade, the language, it all existed after.  

And, the emperor had a two fold position: a worldly one, and a religious role as pontifex maximus. The Pope in Rome still has that role. 

After the sacking of Rome, there have been hundreds of years of discussion of who should be awarded the Roman worldly throne.  

However, Rome was the religious chair. Ravenna, was the political chair. And it has existed for 1600 years or thereabouts. 

 

In reply to by BarkingCat

yvhmer BarkingCat Thu, 07/19/2018 - 12:25 Permalink

This again is bull shit. 

Some tribes sacked it. Ending it it did not. The laws, the throne, the institutions, the money, the trade, the language, it all remained in existence thereafter.  the ongoing feuds between several pretenders is evidence of that.

And, the emperor had a two fold position: a worldly one, and a religious role as pontifex maximus. The Pope in Rome still has that role. 

After the sacking of Rome, there have been hundreds of years of discussion of who should be awarded the Roman worldly throne.  

However, Rome was the religious chair. Ravenna, was the political chair. And it has existed for 1600 years or thereabouts. 

 

In reply to by BarkingCat

yvhmer Know thyself Thu, 07/19/2018 - 11:57 Permalink

Your last remark is evidently off the mark. 

The geographical area of what is now known as Germany was devastated by among others the Swedes . 

And indeed, it was a terrible period, causing a decline in population of 50%. The debts, as a consequence , astronomical, and, taking inflation and economical development into account,  paling the Versailles peace treaty reimbursement. Some cities only recently paid of that debt. 

The geographical area of Germany consisted mainly of two hemispheres.  Those of the holy Roman Empire, ruled by many princes,  counts, etc, and the Prussian Kingdom.  The King , take note, in Prussia, was an elector in the holy Roman Empire.  This caused friction and conflicting state interests. 

The book:  the iron Kingdom follows the logic of the WOii victors that the Prussian state and it's militarism,  should be abolished.  

Prussian militarism was not the cause of either the second or the first world war. It meant, the victors no longer wanted a capable power in the middle of Europe.  

So, although it belongs to the heartland of German history for 800 years, it is now part of a.o. Poland, after the expulsion of the locals, thanks to the raping and plundering by the Soviets.

Another point: the succession wars against the Danes for Northern saxony and Schleswig holsters, cannot be torn away from the simple physical fact, that in some cases a male pretender by law , needed to present itself . 

And given the noble inbreeding at the time...... Again, causing all kinds of powers to interject themselves into the issue. Not the least those who feared non German hegemony on the North Sea coast, an important trading port .....

Try to understand the logic of the day, instead of drawing high level comparisons based on appearances. ..you will find it illuminating . 

In reply to by Know thyself

dunroamin TheSilentMajority Thu, 07/19/2018 - 06:32 Permalink

The underlying problem is that most of them arrive with no or fake papers and lie about their age & country of origin. Their putative home countries refuse to take them back on the grounds that there is no proof of who they really are. We might add that once you have dumped your surplus population, crims, illiterates & Jihadis on someone else, you don't want them back under any circumstances.

In reply to by TheSilentMajority

BarkingCat dunroamin Thu, 07/19/2018 - 10:19 Permalink

I would round them up and put them in huge wooden boxes. Then load up those boxes into military cargo planes. Fly them over the middle of Africa and parachute drop them there. 

Unlock the box as it is going out the door.

I would make sure the boxes were not solid but structured so that they could see out of them.

Guarantee that none of them would show up in Europe again.

In reply to by dunroamin

TeraByte Thu, 07/19/2018 - 03:43 Permalink

Sorry for Germans I know, who do not deserve this. It is their political upper class lunacy and bending over for their fore-bearers sins that force ordinary people to this sheepish conformism. Germans in general are decent people. Give me now couple down votes you idiots, who never visited the country nor do a single word in German and let´s your prejudices to bloom.

jcbudmo TeraByte Thu, 07/19/2018 - 04:24 Permalink

I used to feel the same until I saw Merkel was still polling over 50% even after the million muslim men arrived in 2015 and the crimewave that followed. Sure, the Liberal media do their best to cover up, lie and distract, but at some point the sheer volume of anecdotal evidence would convince sane minds that this has to end.

 

In reply to by TeraByte

yvhmer BidnessMan Thu, 07/19/2018 - 13:05 Permalink

My view is that you cannot simply take out of the equation the situation of the day

1. Germany was in total shambles. 

2. The social Democrats had no real solutions. 

3. The realm was ripe to be taken over by communists . 

4. What happened in Hungary, Russia, and other places at the hands of the Checkas was a prospect to horrible to contemplate. FYI: research it's members and you'll find some of the policy reasons in the 3Rd Reich.

5. Nationalism prevented that. 

6. In a couple of years Germany underwent a transformation that baffled politicians in many countries, including closet communist FDR. 

7. The political opinion of France, UK, US at the time was simply to not allow a rise of Germany to prominence again. It was "perceived" as a threat . 

8. Hence the carving up after WOII 

9. But, having a buffer against the Soviet invasion, you need a big enough army. Peasants with ploughs do not make for an adequate counter measure against tanks and millions of soldiers. Firepower is.

10. Hence the BDR and hence the Bundeswehr, embedded within Nato.  

That piece of land has been invaded over the millenia by Romans, Huns, goths,  Swedes, Brits, Canadians, Russians,  French you name it. 

It is because of the danger of being overrun that a strong nationalistic and militaristic entity was capable of uniting the tribes/ Länder.  That entity was Prussia. 

In the person of Von Bismark,  it was understood Germany to remain a power in central Europe without continental aspirations. 

It was tried through the democratic process before, with Frankfurt a/m as it's seat, but was fully incapable of doing so, inept and weak. The French Napoleonic forces completely ripped them a new arsehole. 

You could say, when assessing the grand scheme, Germans were not capable to secure their own homeland . 

But then you have to take into account moving tribes:

Burgundians went from what is now West Prussia to East of France . 

Goths from the east ended up everywhere: France, Spain, Tunisia, Morrocco.  Lombards, from around now Hamburg, ended up in Italy, some Saxons went to the British Isles,  same for the Angles, etc. It is even more confusing when the US is taken into account. 

To add to the confusion: my family roots are partly from an area between Nürnberg and Bayreuth.  It is difficult to say whether they were of a German Tribe living there or from a Slav tribe living there. 

The geographic area.of Germany, the original Germanic lands, have known invasion like no other.

In comparison, the US never had to contend with a full scale to stay invasion. Only now, the influx of illegals is perceived as such, and considered an existential threat: clear and present danger. What follows is a more nationalistic administration. 

It could even be argued that the total destruction and havoc Julius Ceasar inflicted upon the Celts,  the o so revered Roman "culture",  put all this all into motion. By destroying culture, he destroyed identity. 

Stinky people those Romans. They did not even know how to make soap. And if you were not enslaved, you were a citizen beholden to the state. All the taxes we now know, basically all Roman hairsplitting .

Celts were producers of soap, and we're a free people, and although an occasional tribute here and there,  no taxes.

Europe, as we know now, still is trying to come to grips with Roman legacy . But then again, it's rule lasted 1800 years. It's influence can still be ascertained if you read a law book.

In reply to by BidnessMan

BarkingCat Superlat Thu, 07/19/2018 - 12:24 Permalink

How about the previous 50 years?

How many Turks live in Germany? 

 

You should realize that 2 million people is a population of a major city.

Germany's second largest city is Hamburg with a population of less than 1,800,000.

Looking at Germany's direct neighbors,  France has only 1 city larger than 2M, Belgium has none, Austria has none, Poland has none,  Czech Republic has none, Switzerland has none, Netherlands has none and Denmark has none.

 

2 million young men is a very large army that was allowed to walk right into the country.

In reply to by Superlat

To Hell In A H… Thu, 07/19/2018 - 04:05 Permalink

Is being a self-declared Islamist any worse than being a self-declared Zionist? Both should be deported forthwith from all corners of Europe. Secondly and its a point of principle. The man was either deported illegally, or he wasn't.

We simply cannot choose arbitrarily which laws we will observe and which laws we will ignore depending on the person facing judgement.

These laws are there to protect everybody, me, you and also people we don't like. Don't let the Zionist agents at the Gatestone brush over this fact, by appealing to our dislike of Muzzies.

"It's a trap" General Akbar. Oh the irony in the name. lol

 

homonohumanus Thu, 07/19/2018 - 05:52 Permalink

Define "djihadists" (and white helmets in some cases)... In most cases I see globalists mercenaries knowingly or not.

As for Germany? It is about demographic I don't know the picture overthere..

homonohumanus HRH of Aquitaine 2.0 Thu, 07/19/2018 - 07:34 Permalink

Wake up? You mean the average guy, relatively inclined toward violence if real tension raise, overall pretty clueless, with a strong ego and too much hormones... When they awake Germany is done and it will be chaos.

So far "we" completely" fail to awake the middle class to negociate a fairer deal with the high class. Kids are indoctrinated, differently depending of their ethnicity, etc.

As for the vigilante they will be taken down whenever necessary, you understand estimated the efficient off modern intel services...
 

In reply to by HRH of Aquitaine 2.0

IvannaHumpalot homonohumanus Thu, 07/19/2018 - 08:11 Permalink

yes the modern intel services are very efficient and they are also trying really hard to welcome in Muslims because they think Islamists can be co-opted giving them valuable intel. The reverse is true. Islamists are colonising the intel services instead.

 

So these very modern intel services will quite rightly take down the vigilantes, and then their services will be used by Islamists to take down secular Muslim threats to the spread of sharia, and those who oppose them.

 

Society will muddle along for another 100 years until woops, Islamists are a majority. Then the intel services will not be co-religionist, gender-mingled and subject to a western government any more.

In reply to by homonohumanus

Cloverfield-Z Thu, 07/19/2018 - 06:45 Permalink

Deutsche Bank is about to implode with potential losses of the 100s of billions Euros and Gatestone are getting their Zionist knickers in a twist over some beard claiming a 1,000 Euros a month in benefits.   

IvannaHumpalot Thu, 07/19/2018 - 06:57 Permalink

No Go Zones are full of CITIZENS who are salafists. You need chemical sterilisation in the free food handed out in the schools and at the mosques. You just have no other choice if you want Europe to return to being Europe in 50 years.

Vonhoff5 Thu, 07/19/2018 - 07:05 Permalink

Merkel is the problem, she stands for the EU and has forgotten Germany. This is the latest example of why the EU is mush and each country must stand on its own, hence Brexit. If these bureaucrats had a spine on issues that matter at least half of the opposition would work with existing govt.

ludwigvmises Thu, 07/19/2018 - 07:40 Permalink

Gatestone would be happier if Germany would send weapons to Al Qaida in Syria outright, like the USA is doing? Funny Gatestone never complains about the US, always whines about Germany and Sweden only!