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Germany: Court set to announce ruling on killer’s deportation human rights challenge

A woman who killed her neighbour, hopes that human rights judges will agree that Germany’s plan to deport her to Pakistan would breach human rights law.

The European Court of Human Rights will deliver its Grand Chamber judgment in the case of Khan v. Germany (application no. 38030/12) in writing on 21 September.

The applicant, Farida Kathoon Khan, is a Pakistani national who was born in Pakistan in 1963 and currently lives in Germany.

Khan was granted a permanent residence permit in 2001, 10 years after arriving in the country from Pakistan. In May 2004, Khan killed a neighbour. She was remanded in custody and then transferred to a psychiatric hospital.

In July 2005, a regional court found that she had committed the crime in question in a state of mental incapacity. The court ordered her continued detention in the psychiatric hospital and appointed a legal guardian to represent her. She remained in the same hospital until November 2011, when she was conditionally released and placed in sheltered accommodation, meanwhile continuing to work in the hospital laundry.

In June 2009, the regional authorities ordered Khan’s expulsion. Pursuant to German residence legislation and in the light of the crime which she had committed, they concluded that she posed a danger to public safety. She appealed against the expulsion decision, and the Federal Constitutional Court refused to examine her constitutional appeal in December 2011.

Khan complained that her deportation to Pakistan would be contrary to Article 8 (right to respect for private and family life). She submitted, in particular, that thanks to the treatment she is
receiving, her behaviour is now balanced, and the withdrawal of the social and medical services currently available would lead to a deterioration in her mental health.

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