Formal Application to the European Court of Human Rights by MP

To: Marko Bošnjak

President of the Court

European Court of Human Rights
Council of Europe

F-67075 Strasbourg Cedex, France

Subject: Application Against the Federal

Republic of Somalia and the Federal Republic of Germany for Violations of Human Rights and Due Process in the Illegal and Forced Deportation of Somali Asylum Seekers
Respondents:

1. President Hassan Sheikh Mohamud, Federal Republic of Somalia
2. Chancellor Olaf Scholz, Federal Republic of Germany
Applicant:
Dr. Abdillahi Hashi Abib
Member of Foreign Affairs Committee
House of People of Federal Republic of Somalia
Date: November 26, 2024

I. INTRODUCTION

I hereby submit this formal application to the European Court of Human Rights (ECHR) on behalf of Somali asylum seekers currently residing in the Federal Republic of Germany, whose fundamental human rights and due process protections have been egregiously violated through a clandestine agreement between the Federal Republic of Somalia and the Federal Republic of Germany.
The violations in question stem from a covertly negotiated and implemented agreement that illegally and forcibly deports Somali asylum seekers without due process under national, European Union, and international laws. This application outlines in detail the legal breaches, discriminatory actions, and bribery underpinning these deportations, urging the ECHR to take immediate measures to halt these actions, provide justice to the victims, and hold the offending parties accountable.

II. FACTUAL BACKGROUND

• 1. Secret Agreement Between Somalia and Germany
• In November 2024, the President of the Federal Republic of Somalia and the Chancellor of the Federal Republic of Germany signed a secret agreement in Berlin.
• The agreement stipulates the deportation of 3,760 Somali citizens currently residing in Germany, in exchange for payments ranging from $30,000 to $40,000 per deportee. The total amount pledged by Germany is estimated at $112,800,000 to $150,400,000.
• 2. Bribery Allegations
• Evidence indicates that these funds will not benefit the deportees but will instead be funneled into the personal accounts of the Somali President, bypassing public accountability mechanisms.
• These financial transactions contravene German constitutional laws, Somalia’s anti-corruption laws, and international norms prohibiting bribery.
• 3. Discrimination in the Selection Process
• Data from official Somali government sources reveals that the deportation list was prepared based on tribal affiliations:
• 60% of deportees belong to the Isaaq tribe.
• 30% belong to the Majeerteen tribe.
• The remaining 10% comprise individuals from other Somali clans.
• This ethnic profiling constitutes a blatant violation of non-discrimination principles under Article 14 of the European Convention on Human Rights (ECHR).
• 4. Violation of Procedural Rights
• On November 25, 2024, a Somali asylum seeker was deported from the border between Germany, Belgium, and the Netherlands without being granted access to legal representation or the ability to contact family.
• This action directly contravenes Germany’s obligations under EU asylum laws, the ECHR, and the Geneva Convention on Refugees (1951).
• 5. Upcoming Deportations
• A delegation led by Somalia’s Director General of Immigration arrived in Germany on November 25, 2024, to oversee the deportation of 120 asylum seekers during this trip.
• These deportations are part of a broader plan to deport all 3,760 individuals without affording them the right to appeal or due process.

III. LEGAL VIOLATIONS

1. Violations by the Federal Republic of Germany
Article 3, ECHR (Prohibition of Torture):
Deportees face the risk of inhuman and degrading treatment or persecution upon their return to Somalia.
Article 6, ECHR (Right to a Fair Trial):
Deportees were denied access to legal representation and due process in asylum adjudication.
Article 14, ECHR (Prohibition of Discrimination):
The ethnic profiling in the selection process violates principles of equality before the law.
EU Asylum Procedures Directive (2013/32/EU):
Germany failed to ensure fair and transparent asylum procedures, including judicial review.
German Basic Law:
The agreement bypassed parliamentary oversight and violated constitutional principles of accountability and legality.
2. Violations by the Federal Republic of Somalia
Somalia’s Constitution, Article 10 (Human Dignity):
The Somali government’s involvement in the forced deportation of its citizens violates their inherent dignity and rights.
Public Financial Management Act (2019):
Payments linked to deportations lack transparency and violate Somalia’s financial accountability laws.
International Covenant on Civil and Political Rights (ICCPR):
Participation in these deportations infringes on the deportees’ rights to life, freedom from arbitrary detention, and protection from cruel treatment.

IV. RELIEF SOUGHT

The Applicant respectfully requests the European Court of Human Rights to:
1. Order an Immediate Injunction
Halt all planned deportations of Somali asylum seekers from Germany until a thorough judicial review is conducted.
2. Hold Both Governments Accountable
Investigate and determine the culpability of the Federal Republic of Germany and the Federal Republic of Somalia in violating international, EU, and Somali laws.
3. Compel Transparency and Accountability
Mandate both governments to disclose the full terms of the deportation agreement and the financial transactions involved.
4. Protect the Rights of Asylum Seekers
Ensure Somali asylum seekers in Germany are afforded due process, including access to legal representation and the right to appeal deportation orders.
5. Award Compensation to Affected Individuals
Provide reparations to deportees for the violations of their human rights and due process protections.

V. EVIDENCE PROVIDED

1. Digital Documentation:
Includes official communications, agreements, and deportation lists obtained from Villa Somalia, Somali government offices, and German authorities. Sensitive data is anonymized to protect privacy rights.
2. Witness Testimonies:
Statements from deportees, lawyers, and human rights organizations documenting procedural violations and ethnic discrimination.
3. Legal Analysis:
Expert reports on violations of Somali, German, EU, and international laws.

VI. CONCLUSION

This application underscores the gravity of the situation facing Somali asylum seekers in Germany and the complicity of both the Somali and German governments in violating fundamental human rights. The Applicant urges the European Court of Human Rights to intervene swiftly to prevent further harm and ensure justice is served.
Respectfully submitted. 

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Dr. Abdillahi Hashi Abib – BA, MA, MASc, Ph.D | Member of Foreign Affairs Committee | Federal Republic of Somalia the House of People | Leader of the Accountability and Transparency Caucus of the House of People
MP- HOP #201 Awdal Region and Gebileh District | Email: abdillahi.abib@parliament.gov.so | W: + 1-571-436-7586 | M: + 252-6108-22469

Member of Foreign Affairs Committee-Member of the House of People of Somalia  Ph.D. Representative of Gabileh District and Awdal State of Somalia