No rights violations in Turkish citizen’s expulsion from Germany: Euro court

STRASBOURG

Germany did not violate the rights of a Turkish national by expelling him to Turkey due to his criminal offenses despite his residence permit, the European Court of Human Rights (ECHR) has ruled in a recent judgement.

Yunus Çabucak, 38, had been convicted on numerous occasions of various drug offences between 1996 and 2010. In 2010 he was sentenced to four years and three months in prison.

Çabucak was born in Neustadt and had been living in Speyer. He was granted a permanent residence permit by Germany in 1996.

In July 2002 Neustadt authorities ordered Çabucak’s expulsion to Turkey, referring to his prior convictions. He challenged the decision several times in local and higher courts.

An administrative court ruled that the authorities had correctly established that he posed a danger, referring to his frequent failure to undergo therapy for his drug addiction, and the fact that he was likely to commit criminal offences again. It also considered that he lacked economic or social integration.

Çabucak’s appeal was rejected on March 25, 2015. The Federal Constitutional Court did not accept his constitutional complaint for adjudication.

Çabucak applied to the ECHR about the expulsion decision, maintaining that it constituted an interference with his private and family life. He made his application relying on Article 8 of the European Convention on Human Rights which oversees the rights to respect for private and family life.

The court unanimously held that there had been no violation of the article.