The motives of the perpetrator from Würzburg are still unclear. Bavaria’s Interior Minister Herrmann is already making it clear: He would like to review refugee law.
Munich – There is still uncertainty about the motives of the perpetrator from Würzburg. Was the 24-year-old from Somalia mentally ill or was his act motivated by Islamists after all? And could he have been deported before his act? Against the background of these questions, Bavaria’s Interior Minister Joachim Herrmann (CSU *) discussed a revision of the refugee law at the weekend. The perpetrator came to Germany in 2015, was not granted asylum, but enjoyed subsidiary protection. Herrmann said it would be wise to consider whether this subsidiary protection could stay that way.
Würzburg attack: dispute in asylum accommodation – the perpetrator was known to the investigating authorities
On Monday it became known that the Würzburg perpetrator lived in Saxony from 2015 to 2019 and was already targeted by the investigative authorities at that time. The Chemnitz public prosecutor’s office was investigating him for dangerous bodily harm. It was a physical altercation in an asylum center. The investigations have been discontinued.
The asylum law provides subsidiary protection for people who are not considered as asylum seekers or refugees, but who are at risk: the death penalty, torture, humiliation or danger from civil war. The status is only valid for one year and is then checked every two years.
Bavaria: Herrmann insists on the possibility of deportation of criminals and threats
Herrmann said that it is “particularly important to him that we can get people out of the country who commit serious crimes here or who are considered dangerous”. People who the police trust terrorist attacks and other serious political crimes are considered to be at risk. According to previous knowledge, this was not the case with the perpetrator from Würzburg. Otherwise the Federal Office for Migration and Refugees (BAMF) could have withdrawn his status under current law. This is also possible if people have committed serious crimes.
“You don’t have to change anything about subsidiary protection”: LMU lecturer refers to the legal situation
“You don’t have to change anything about subsidiary protection,” says Franz Bethäuser, lecturer at the law faculty of the Ludwig Maximilians University in Munich. The withdrawal of protection is also possible in the case of criminals or those at risk under current law. In some cases, however, there is another legal hurdle before deportation, namely the European Convention on Human Rights. According to this, no one should be subjected to torture. As a result, criminals or perpetrators should not be deported if they then face the death penalty or torture. That results from European law and cannot be changed nationally.
Subsidiary protection for refugees from Somalia: Courts have confirmed the necessity several times
The courts have repeatedly confirmed that Somalis can benefit from subsidiary protection, partly due to the ongoing civil war situation. According to the BAMF, a total of around 145,000 initial and follow-up applications for asylum were made in 2020. 37,000 applicants were recognized as refugees. Subsidiary protection was granted to 19,000 people. In 5,000 cases, deportation bans were issued. 1,700 people were granted asylum. Over 82,000 applications were rejected.
Most often, the BAMF decides on subsidiary protection for Syrians. More than half of the recognitions are made on this basis. One reason is that there are higher hurdles for family reunification. (Stefan Reich with dpa) *Merkur.de is an offer from IPPEN.MEDIA.