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Germany: Court decision on terrorism suspect’s Russia return

Human rights judges have lifted an interim measure suspending the expulsion from Germany to Russia of man suspected of planning terrorist attacks.

A chamber of seven judges of the European Court of Human Rights, decided unanimously to lift the interim measure on 29 August , (under Rule 39 of its Rules of Court) applied in the case of X. v. Germany (application no. 54646/17), suspending the removal from Germany to Russia of a Russian national residing in Germany, who is considered by the German authorities to constitute a threat to national security.

The applicant, who was born in Dagestan and has grown up in Germany, complains, in particular, that his imminent removal to Russia would expose him to the risk of being tortured, placed under
surveillance, detained or subjected to a forced disappearance.

In March 2017, the applicant’s deportation to Russia was ordered by the German authorities, as, suspected of intending to participate in or carry out a terrorist attack in Germany, he was considered to constitute a threat to national security.

He was placed in detention pending deportation. In July 2017, both the Federal Administrative Court and the Federal Constitutional Court rejected his requests for interim measures suspending his removal.

On 31 July 2017, the European Court of Human Rights applied an interim measure following a request by the applicant, indicating to the German Government that he should not be removed pending the receipt of further information.

At the same time, the court applied anonymity to thecase. The court’s decision was taken after both parties had submitted the requested information.

The lifting of the interim measure is a procedural step; it does not prejudge the court’s decision on the admissibility or the merits of the case. The case remains pending before the court.

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