Abu Walaa: Fight against deportation and the fear of the death penalty
Abu Walaa, former IS leader, is fighting against deportation to Iraq. Trial at the Düsseldorf Administrative Court highlights national security.
Abu Walaa: Fight against deportation and the fear of the death penalty
Abu Walaa, the former German head of the Islamic State (IS), is facing difficult times. After his lawsuit against expulsion from Germany was rejected, he now fears the death penalty in his native Iraq. How Focus reported, his lawsuit against the expulsion was dismissed by the administrative court in Düsseldorf because there were “compelling reasons of national security” and the court classified the dangers posed by him as serious.
The case of the 36-year-old, who was sentenced to ten years and six months in prison in 2021, shows the complex negotiations between the federal government and Iraqi authorities. They are currently seeking assurances that Abu Walaa is not threatened with life and limb in Iraq. His sentence ends in 2027 and he has two wives and seven children, all of whom are German citizens.
Litigation and Public Safety
The legal disputes surrounding his expulsion are extensive. Despite the fact that Abu Walaa cites his children as an argument for his lawsuit, the court placed national security concerns above those of his family. The courts have already determined that the danger he poses outweighs the impact on his children who are in Germany.
In a previous decision, the Düsseldorf administrative court also imposed conditions for his possible release. These include spatial restrictions and a communication ban in order to make it more difficult for people to relapse into the Islamist-Salafist scene and to ensure internal security. The federal authorities, especially the Federal Chancellery and the Foreign Office, are involved in this process. They recognize that a negative assurance from Baghdad would lead to a difficult situation.
Remembrance of past deeds
Abu Walaa was not only active in Germany as imam of the now banned mosque of the German-speaking Islamic Circle in Hildesheim, but was also responsible for recruiting young Islamists for IS. He was also involved in a bomb attack on a synagogue in Essen, which explains his conviction and the associated legal procedures. A previous urgent application against his expulsion also largely failed last year. The course of these proceedings leaves no doubt that the German justice system is taking the danger posed by Abu Walaa seriously.
Although Abu Walaa can appeal the decision to the Münster Higher Administrative Court, his chances of success appear to be slim. As negotiations between Germany and Iraq continue, it remains unclear how the social and security concerns surrounding his family can be resolved. His fate could have far-reaching consequences not only for him, but also for his children, which is once again fueling the debate about the return of IS supporters to Germany. This makes the current discussions with the Iraqi authorities all the more important, as they could bring more clarity in the coming weeks.
This dynamic legal and political situation remains of great interest to both those affected and the public and highlights the challenges posed by the return of former extremists to their home countries.