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Court decision

Green light for Swiss to extradite Turk to Germany

By and agencies

A Turkish refugee in Switzerland, accused by Germany of belonging to a terrorist organisation, may be extradited to Germany, the Swiss Federal Court has ruled. 

The 52-year-old is accused by the German authorities of having been since 2012 a leading member of a foreign branch of the Communist Party of Turkey/Marxist-Leninist (TKP/ML). The Party’s guerrilla army, TiKKO, is accused of carrying out attacks in Turkey, causing civilian casualties. 

In April 2015, Germany requested the man be arrested and extradited. The same month the man was arrested in Fribourg, where he had been given refugee status, and the Federal Justice Office approved his extradition in June. The man appealed, but this was rejected by the Federal Criminal Court in November and now the Federal Court. 

According to the Federal Court, the TKP/ML and its guerrilla army “had not acted with reasonably appropriate means within the framework of a conflict comparable to a civil war or a legitimate resistance fight against state oppression”. 

The judges in Lausanne said the crimes of which the man had been accused corresponded to membership or support of a criminal organisation, in accordance with the Swiss penal code. 

In addition, should Germany decide to extradite the man to Turkey, it would need Switzerland’s formal agreement. and agencies