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18/06/2024
The CJEU held that a third-country national cannot be extradited to the country of origin if that person is recognised as having refugee status in another Member State; the competent authority must contact the authority that granted protection and cannot extradite the person as long as protection has not been revoked or withdrawn.
18/06/2024
The CJEU held that a third-country national cannot be extradited to the country of origin if that person is recognised as having refugee status in another Member State; the competent authority must contact the authority that granted protection and cannot extradite the person as long as protection has not been revoked or withdrawn.

ECLI
ECLI:EU:C:2024:521
Input Provided By
EUAA Information and Analysis Sector (IAS)
Type
Judgment
Original Documents
Relevant Legislative Provisions
Recast Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) (recast APD) and/or APD 2005/85/CE; Recast Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection)(recast QD)/or QD 2004/83/EC
Reference
European Union, Court of Justice of the European Union [CJEU], A. v Generalstaatsanwaltschaft Hamm, C-352/22, ECLI:EU:C:2024:521, 18 June 2024. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=4340
Case history
Other information
Abstract

According to the CJEU Press release:


"Türkiye requested that Germany extradite a Turkish national of Kurdish origin who was suspected of murder.


The German court that is to rule on that request is uncertain whether the fact that the person concerned was recognised as a refugee in Italy in 2010, on the ground that he was at risk of political persecution by the Turkish authorities because of his support for the Kurdistan Workers' Party (PKK), precludes his extradition.


Since that issue concerns the European asylum system and the Charter of Fundamental Rights of the European Union, the German court referred a question to the Court of Justice.


The Court of Justice has replied that the granting of refugee status in Italy precludes the extradition of the person concerned to his country of origin which he fled. As long as that status has not been revoked or withdrawn by the Italian authorities, extradition must be refused. Extradition would, in reality, effectively end that status.


The competent German authority must, in accordance with the principle of sincere cooperation, contact the Italian authority that granted refugee status.


If, following such contact, the Italian authority revokes or withdraws refugee status, the German authority must nevertheless itself have come to the conclusion that the person concerned is not, or is no longer, a refugee. It must also satisfy itself that there is no serious risk that, in the event of that person's extradition, he would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment in Türkiye."


Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C-352/22
Date of Decision
18/06/2024
Country of Origin
Türkiye
Keywords
Content of Protection/Integration
Refugee Protection
Withdrawal/End/Revocation/Renewal of Protection
Other Source/Information
Press release