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Council of Europe
Country of Decision : Council of Europe
Court Name : CoE: European Court of Human Rights [ECHR]
Date of decision : 27/09/2018
Type : Judgment
ECLI : ECLI:CE:ECHR:2018:0904DEC001767518
Case Number/Citation/ Document Symbol : Application no. 17675/18

Saidani (Tunisia) vs Germany

According to the Press Release: In its decision in the case of Saidani v. Germany (application no. 17675/18) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerned the applicant’s deportation from Germany to Tunisia because he was deemed to be a potential offender who posed a threat to national security (so-called “Gefährder”), based on his activities for “Islamic State”. The Court found that there was a real risk that the death penalty would be imposed on Mr Saidani in Tunisia. However, this penalty would de facto constitute a life sentence since there was a moratorium on carrying out executions, which had been respected since 1991. The Court also saw no reason to depart from the domestic court’s findings that there was a possibility to review a life sentence with a view to subsequent release and that there was a clear mechanism for it in Tunisian law and practice.

Assessment of Application; Return/Removal/Deportation;

European Convention on Human Rights;

EASO Annual Report on the Situation of Asylum in the EU

Council of Europe,CoE: European Court of Human Rights [ECHR], Saidani (Tunisia) vs Germany, 27/09/2018, ECLI:CE:ECHR:2018:0904DEC001767518
ECHR's case concerned the applicant’s deportation from Germany to Tunisia because he was deemed to be a potential offender who posed a threat to national security

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=651