Neither of the free state of Bavaria, the Federal Republic of Germany must pay an Afghan refugee, a compensation for a month in a detention center.
The order of detention had been in its case law, decided by the Karlsruhe Federal court of justice (BGH) on Thursday. (Az. III ZR 67/18)
people who were unlawfully in custody, in accordance with article 5 of the European Convention on human rights to claim for damages.
In the case of the Afghans had suspended the regional court of Munich I, in the year 2013, after 27 days, the prison and detention declared unlawful. Because Bavaria was not involved in this process, is this statement 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.