Federal Court decides IS supporter Osamah M. released from custody pending deportation
A convicted IS sympathizer is released from detention pending deportation despite security concerns. The Federal Supreme Court rejected the Migration Office's request for an extension - with clear criticism of the federal authorities.
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- Federal Court prohibits further detention of IS supporter until main decision.
- The SEM wanted to extend the detention pending deportation, relying on Fedpol information.
- Detention pending deportation may not be misused as a substitute for preventive detention.
A convicted Iraqi IS supporter will be released from detention pending deportation today. The Federal Supreme Court has rejected an application by the State Secretariat for Migration. The latter requested that the detention be maintained until the Federal Supreme Court has ruled on the admissibility of extending the detention.
According to an order published by the Federal Supreme Court on Tuesday, the State Secretariat for Migration (SEM) granted the 39-year-old provisional admission on April 14, with a correction on April 22. It did so on the basis of a recent decision by the Federal Administrative Court.
Nevertheless, the SEM has appealed to the Federal Supreme Court. It is demanding the reversal of a decision by the Schaffhausen High Court, which deemed it inadmissible to extend the maximum six-month detention period for deportation by a further twelve months.
The High Court is of the opinion that, according to the law, detention pending deportation can only be extended by a further twelve months if the person concerned does not cooperate with the authorities and enforcement is delayed as a result. This is not the case here.
The Federal Supreme Court still has to decide how this applies. In the present case, the only question was whether or not the Iraqi could be detained until the relevant judgment. The Federal Supreme Court answered this question in the negative.
Purpose of detention misjudged
The SEM justified its request for this precautionary measure on the grounds that the man was dangerous. However, according to the highest Swiss court, this alone is not enough to keep someone in custody.
It expressly points out that detention pending deportation cannot be used to replace any measures to be taken by Fedpol to protect internal and external security.
In its considerations, the court also states that Fedpol was aware that the statutory maximum period of detention for deportation of six months would expire in March 2025. It should have expected that the detention might not be extended and should have taken appropriate measures.
In a submission to the Federal Supreme Court, Fedpol asked for a corresponding advance warning in the event of a release from detention, as the security authorities require a lead time of at least two weeks to set up a suitable security arrangement.
