IS supporter obtains repeal of police measures in court
Published: Friday, Oct 18th 2024, 12:20
العودة إلى البث المباشر
The Federal Supreme Court revokes the police measures to prevent terrorist activities against an Iraqi. The man sympathized with the Islamic State (IS). The Federal Administrative Court violated the right of the person concerned to inspect the files.
In a ruling published on Friday, the Federal Supreme Court found that the complainant did not have access to certain documents in his file. In particular, this concerns a report drawn up by the social services.
In doing so, fedpol and the Federal Administrative Court violated the rights of the person concerned. The Federal Supreme Court did not comment on the actual matter, i.e. the police measures to prevent terrorist activities.
As the Federal Administrative Court had previously withdrawn the suspensive effect of the man's appeal, the temporary measures ordered were probably carried out. The measures were probably invalid anyway from the beginning of September at the latest: the man referred to in media reports as "Osamah M." was taken into custody pending deportation. The Schaffhausen High Court also announced on Friday that it had dismissed an appeal by the man against this.
The complainant came to Switzerland in 2012, where he was granted asylum. He soon became the focus of the Office of the Attorney General of Switzerland (OAG) due to his activities for the Islamic State. His refugee status was withdrawn, but his deportation was suspended.
In 2017, the Iraqi was sentenced to 3 years and 8 months by the Federal Criminal Court for involvement in IS. As he had already served his sentence in pre-trial detention, he was released, provisionally admitted and transferred to the canton of Schaffhausen.
Provisional admission lifted
In 2023, the Schaffhausen police requested the Federal Office of Police (fedpol) to order measures to prevent terrorist activities. The person concerned lodged an appeal against this decision. In the meantime, the State Secretariat for Migration has revoked the temporary admission. Proceedings against this revocation are still pending.
(Judgment 1C_347/2024 of October 14, 2024)
©كيستون/إسدا
Arabic 
English 
German 
French 
Spanish