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OPINION: NEW YEAR'S EVE SEXUAL ASSAULTS

IMMIGRATION

Refugees shouldn’t be deported for sex crimes

In the wake of the Cologne sexual assaults, many are calling for refugees found guilty of such crimes to be deported. This is not morally justifiable, argues The Local's Jörg Luyken.

Refugees shouldn’t be deported for sex crimes
The picture says: "Deportation. Germany." Photo: DPA

As slow as the political elite of Germany were to react the Cologne sex attacks, they have been as fast to jump on the bandwagon of public outrage and offer strong-arm solutions.

The consensus among the German political class seems to be that asylum seekers found guilty of these attacks should be packed onto cargo jets and sent back to whatever war zone they came from.

Chancellor Angela Merkel’s right-wing Christian Democratic Union (CDU) wasted no time in using the attacks as a pretext for toughening asylum laws.

At a party conference in Mainz on Saturday the CDU unanimously decided that someone should lose their right to asylum even for offences carrying a suspended sentence.

The conservatives outdid even their own expectations in the so-called “Mainz Declaration”, having originally only intended to take asylum away from people handed jail time.

Desperate to keep up, Sigmar Gabriel, vice-Chancellor and head of the centre-left Social Democratic Party (SPD), told Bild that “all the possibilities of international law” must be examined “to send criminal asylum seekers back home.”

“Why should German taxpayers pay for foreign criminals' jail time?” he asked, arguing that the threat of imprisonment in countries of origin would be a greater deterrent than spending time in a German prison.

Caught out by the depth of public anger, mainstream politicians are desperately trying to show they’re not the naive nincompoops the far right say they are.

But these proposals are morally bankrupt populism.

International law provides very few possibilities to send asylum seekers back home to a country they fled fearing for their lives.

The only exceptions the 1951 Geneva Convention on Refugees makes is for people culpable of serious war crimes or combatants – in both circumstances refugee status may be denied.

All other types of crime should be dealt with by national legal systems.

And this is with very good reason.

By definition a refugee is someone being offered protection because their life is at risk in their home country. To send them back could mean potentially sending them to their death.

So the legal changes the German mainstream political parties are outbidding each other to make could effectively might amount to a death sentence for something as minor as theft.

To anyone with even a passing acquaintance with accepted European jurisprudence this should seem a touch harsh.

And the fact is that no crime in Europe warrants death – so whatever criminal act we are talking about, be it theft, sexual assault or murder, none can justifiably result in someone being deported to a country where their life is threatened.

Whether Germany would really get such deportations past the European Court of Human Rights (ECHR) is highly questionable.

Britain fought for years against the ECHR to have Islamist cleric Abu Qatada deported to Jordan, a peaceful country, over fears that he could face torture there.

One can only imagine the looks on the faces of the Strasbourg judges when Merkel and Gabriel try and convince them Syrian President Bashar al Assad can be trusted to treat prisoners with dignity.

Enough of the tough talk. And enough of the feel-good liberalism too.

It's time Germany got real about the risks that come with taking in large amounts of refugees from war zones and ultra-conservative cultures.

But it needs to be honest to about the obligations it has to these people's lives as well.

Only then will realistic, moral and manageable solutions start being discussed.

SEE ALSO: Silence on sex crimes will make racism worse

CRIME

Germany mulls expulsions to Afghanistan after knife attack

Germany said Tuesday it was considering allowing deportations to Afghanistan, after an asylum seeker from the country injured five and killed a police officer in a knife attack.

Germany mulls expulsions to Afghanistan after knife attack

Officials had been carrying out an “intensive review for several months… to allow the deportation of serious criminals and dangerous individuals to Afghanistan”, Interior Minister Nancy Faeser told journalists.

“It is clear to me that people who pose a potential threat to Germany’s security must be deported quickly,” Faeser said.

“That is why we are doing everything possible to find ways to deport criminals and dangerous people to both Syria and Afghanistan,” she said.

Deportations to Afghanistan from Germany have been completely stopped since the Taliban retook power in 2021.

But a debate over resuming expulsions has resurged after a 25-year-old Afghan was accused of attacking people with a knife at an anti-Islam rally in the western city of Mannheim on Friday.

A police officer, 29, died on Sunday after being repeatedly stabbed as he tried to intervene in the attack.

Five people taking part in a rally organised by Pax Europa, a campaign group against radical Islam, were also wounded.

Friday’s brutal attack has inflamed a public debate over immigration in the run up to European elections and prompted calls to expand efforts to expel criminals.

READ ALSO: Tensions high in Mannheim after knife attack claims life of policeman

The suspect, named in the media as Sulaiman Ataee, came to Germany as a refugee in March 2013, according to reports.

Ataee, who arrived in the country with his brother at the age of only 14, was initially refused asylum but was not deported because of his age, according to German daily Bild.

Ataee subsequently went to school in Germany, and married a German woman of Turkish origin in 2019, with whom he has two children, according to the Spiegel weekly.

Per the reports, Ataee was not seen by authorities as a risk and did not appear to neighbours at his home in Heppenheim as an extremist.

Anti-terrorism prosecutors on Monday took over the investigation into the incident, as they looked to establish a motive.

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