Former IS leader in Germany lacks legal action to enforce deportation proceedings
Revised Article:
Abu Walaa, a 41-year-old ex-IS leader from Iraq, is finding himself in hot water once more, this time in a Düsseldorf courtroom. Known for his parka hood and leg shackles, this convict was slapped with a nine-and-a-half-year prison sentence for his role as an IS terrorist. However, his latest legal battle, an appeal against deportation, was recently rejected by the Administrative Court of Düsseldorf (Az. 27 K 7349/23).
The court decided that the interest in deportation outweighed compelling reasons of national security. They believed there was no evidence suggesting a substantial change in Abu Walaa's terrorism stance or any signs of deradicalization. There's still a risk of recurrence, and the well-being of his seven children must take a back seat.
Despite this setback, Abu Walaa can still lodge a petition for permission to appeal. This separate procedure may be complicated by the absence of diplomatic assurances from Iraq, which could result in his potential execution upon return. Additionally, a decision is pending on the Iraqi's asylum follow-up application, as he still needs to serve his sentence, which won't end until May 2027 at the earliest.
In the past, Abu Walaa served as the imam for a mosque associated with the now-banned German-speaking Islamic Circle in Hildesheim. He's been participating in a deradicalization program for nearly two years and seems to have distanced himself from jihadism lately.
During the trial, Abu Walaa chose to remain silent regarding his relationship with his children or his current views on his crimes. His lawyer requested a postponement of proceedings until a risk assessment report was available, but this request was denied.
According to court records, Abu Walaa arrived in Germany as an asylum seeker in July 2001 and has fathered seven children with two women. Before his 2016 arrest, he represented a salafist-jihadist ideology as an imam and played a key part in the IS's German activities, recruiting young extremists for travel abroad or attacks at home.
Some believe Abu Walaa may be a victim of a judicial scandal, citing his refusal to express remorse, insistence on his innocence, and claims of a false trial. His first wife reported that their children found his imprisonment psychologically stressful, while contact with his second wife and her children in Lower Saxony has decreased. The youth welfare office declared that his children, all German citizens, were well-integrated in Germany, speaking only German. A move to Iraq is unimaginable for them.
The court remains skeptical about Abu Walaa's recent disavowal of IS and Al-Qaeda, concluding that his brief participation in the deradicalization program was insufficient to prove a genuine change of heart. In a hearing at the Higher Regional Court of Celle in 2023, Abu Walaa admitted that he previously held the worst and most radical views. He now claims to have "woken up" but has not provided compelling evidence of his rehabilitation.
In a recent hearing, the court imposed conditions for Abu Walaa's potential release, including daily police check-ins, a smartphone ban, and restrictions on his interactions with his family in Lower Saxony. Abu Walaa's lawyer argued that the smartphone ban interferes with his job search and reintegration efforts, while the daily check-ins hinder his family contact. However, the authorities contend that his children can visit him in North Rhine-Westphalia while he remains in prison, with no contact ban in place.
Abu Walaa left the court after a four-hour trial without uttering a word, exiting through a side door to await further legal proceedings and perhaps eventual deportation. In essence, while his deportation remains legally approved, actual deportation is uncertain due to legal and diplomatic barriers and the potential for further legal or diplomatic developments.
- Given the court's rejection of Abu Walaa's appeal against deportation, he may seek a petition for permission to appeal, which could be complicated by the absence of diplomatic assurances regarding his potential execution upon return.
- In the realm of politics and policy-and-legislation, the court's decision to refuse diplomatic assurances from Iraq could impact war-and-conflicts and crime-and-justice, as it raises questions about the treatment of suspected terrorists upon return to their countries of origin.
- In the general-news, the ongoing legal battle of Abu Walaa raises questions about deradicalization programs and the effectiveness of such policies, as well as the balance between national security and individual rights when it comes to deportation of convicted terrorists.
