German Court Backs 74-Year-Old PKK Official Against Deportation to Turkey
A German court rejected the lifting of a deportation ban against a senior PKK official, despite the ongoing peace process between Turkey and the PKK.
RastinewsA court in Germany rejected the removal of a deportation ban against a senior PKK official, despite the peace process underway between Turkey and the PKK.
The 74-year-old, who came to Germany in the 1990s after facing a death sentence in Turkey, sued the Gelsenkirchen Administrative Court after the Federal Office for Migration and Refugees (BAMF) revoked his deportation ban.
At a hearing on Wednesday, judges said the man — a former PKK fighter alleged to have held a leadership role in the organization, which is banned in Germany — would face a serious risk of torture and inhuman treatment if returned to Turkey.
The judges said Turkey's human rights record, particularly for people accused of ties to terrorism, remained inadequate, and that the plaintiff could not be assumed to receive a trial meeting rule-of-law standards there.
Federal agency reversed its position in the courtroom
Weighing the court's clearly stated legal opinion and the plaintiff's serious health problems, BAMF's representative agreed to withdraw the revocation of the deportation ban before the court announced its ruling. The case was then dropped.
The man is accused in Turkey of PKK membership and six counts of murder. He sought asylum in Germany in 1992 after facing a possible death sentence; his refugee protection status was later revoked, but a court imposed a deportation ban in 2007 over fears he would face torture and inhuman treatment in Turkey.
BAMF announced earlier this year that it was lifting the deportation ban, citing the PKK's dissolution and the peace process it initiated.
Judge: he has significant ties to the PKK
The PKK announced its dissolution in May 2025; some PKK fighters have laid down their weapons, and the group has said it will withdraw from Turkey into northern Iraq.
Turkey's Grand National Assembly (TBMM) passed a law on Monday, August 10, allowing PKK members to be released under certain conditions. The law is intended to advance the peace process.
The PKK is currently designated a terrorist organization by Turkey, the European Union and the United States.
In the ruling, presiding judge Dirk Schäfers noted that the plaintiff had taken part in armed clashes and was one of the PKK's longstanding cadre members. He stressed, however, that the key question in deciding whether a deportation ban can be lifted is whether the threat of torture in the destination country has significantly and permanently improved.
Schäfers said no such improvement was evident in this case, adding that Turkey's reform process was still at an early stage and that how it would develop in the coming years remained uncertain.