Anyone who has been recognized as a refugee in another EU country may not be extradited to their country of origin for the purposes of criminal prosecution. This is only possible if the refugee status is revoked, as the European Court of Justice (ECJ) in Luxembourg ruled on Tuesday. It concerned a case from Germany. (Ref. C-352/22)

Turkey asked Germany to extradite a Turkish national of Kurdish origin who is suspected of manslaughter in Turkey. He is said to have committed the crime before leaving for Italy in 2010.

There he was recognized as a refugee because he was threatened with political persecution by the Turkish authorities because of his support of the banned Kurdistan Workers’ Party (PKK). The refugee card is valid until 2030. The man has been living in Germany since 2019.

Turkey issued an arrest warrant for him via Interpol. On the basis of this arrest warrant, he was arrested in Germany and temporarily held in extradition custody. However, the Federal Constitutional Court in Karlsruhe ruled that a new ruling had to be made on the extradition. It criticized the fact that the Higher Regional Court in Hamm did not have the ECJ clarify open questions of European law.

The Higher Regional Court then asked the ECJ whether the man could be extradited to Turkey. The ECJ answered in the negative. This applies regardless of the reasons on which the extradition request is based. The German authorities must contact the Italian authorities, the ECJ explained.

As long as Italy does not revoke the man’s refugee status, he cannot be extradited. If Italy decides that the man is no longer a refugee, Germany must take further steps.

The German authorities must then examine for themselves whether the person concerned is entitled to refugee protection. They must also satisfy themselves that he or she would not be threatened with the death penalty, torture or any other inhuman or degrading punishment or treatment if extradited to Turkey.

The Higher Regional Court of Hamm will now decide on the specific case. It is bound by the legal opinion of the ECJ.