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.
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