Insufficient examination of the expulsion of a Somali national
Published: Monday, Sep 16th 2024, 12:20
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The Federal Supreme Court has overturned the expulsion of a Somali man and referred the case back to the Lucerne judiciary. The man was sentenced to six years and nine months' imprisonment for attempted intentional homicide and brawling. The man's risk situation in his home country was insufficiently examined when he was expelled from the country.
The convicted man is a recognized refugee. He was ordered to be expelled from the country for eleven years. Before the Federal Supreme Court, he claimed that his right to be heard had been violated. The lower court had not taken into account the risks to which he would be exposed in Somalia.
In a ruling published on Monday, the Federal Supreme Court wrote that the appellant had committed a so-called catalog offence that would result in automatic expulsion from the country. Only a serious risk of persecution could lead to this being waived in the case of refugees.
Death sentence pronounced
The convict referred to the murder of his father and brother, his homosexuality, his imprisonment and the death sentence against him. In his home country, he is being persecuted by the Islamist organization Al-Shabaab.
According to the Federal Supreme Court, the Lucerne lower court did not address these allegations. It did not state what it considered to be proven and what threats the man would face if he returned. Nor did it deal with the Refugee Convention. She had thus violated the right to be heard. (Judgment 7B_466/2023 of 26.8.2024)
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