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The Afghan Refugees, has sued because of its nearly month-long detention, must not be compensated. This was decided by the Federal court of justice, according to which neither of the free state of Bavaria, the Federal Republic of Germany have to pay the man compensation. The order of detention had been in its case law, the judge.
The man was in 2013, with his wife and one and a half year old daughter to Germany. Because the family had already applied for in Slovakia, the asylum, should they be deported. While wife and daughter were in a refugee accommodation, was imprisoned the man in a separate Department of the prison Munich-stadelheim. The Munich district court declared the detention to be unlawful. In the meantime, the man is recognized as a refugee in Germany.
He wanted a compensation in the amount of 2,700 euros from the free state and because of the participation of the Federal police, the Federal Republic of Germany. The Munich courts had ruled that he must only pay Bayern 810 Euro. Instead of amount of compensation, the judges in Karlsruhe have decided on the legality of the detention.
Because Bavaria was not involved in this procedure, it is the decision of the Munich regional court for the compensation process, however, is not binding, as the Supreme court stated the judge now. Unlike the district court, you keep the arrangement of the detention to be reasonable: The man had said that he would not return to Slovakia, where he had first requested asylum. Against the Federal Republic of Germany, he has in spite of the participation of the Federal police, no claims, because the detention had been ordered by the country's judges.
The Federal court of justice has dealt with on the basis of the Case, fundamental questions. One of them was, whether the courts who have to decide on the compensation to be allowed to self-examine once again whether the arrest was really unacceptable.
people who were unlawfully in custody, in accordance with article 5 of the European Convention on human rights to claim for damages. Details are not regulated.
