The German government has expressed strong support for the Chișinău Declaration from the Council of Europe, asserting that national security interests in the context of deportations are a legitimate consideration. This statement was formally communicated to the Bundestag by the Foreign Office on July 10, 2026, emphasizing that the absolute prohibition against torture and inhumane treatment, as outlined in Article 3 of the European Convention on Human Rights (ECHR), remains intact and must be assessed on a case-by-case basis. The declaration is already being utilized as a guideline by the Federal Office for Migration and Refugees as well as by the interior ministries across federal states.
The member states of the Council of Europe reached a consensus on this political declaration on May 15 in Chișinău, Moldova. It focuses on the interpretation of the ECHR concerning deportations, extraditions, irregular migration, and cooperation with third countries. According to the German government, this text preserves the authority and independence of the European Court of Human Rights (ECHR) while also addressing the challenges posed by irregular migration and foreign criminals to European nations.
The Chișinău Declaration serves as a significant reference point for various national authorities, including the Federal Office for Migration and Refugees, guiding the interpretation and application of human rights conventions. Although not legally binding, the declaration is intended to influence national decisions regarding asylum procedures, deportations, and the protection of private and family life. The ECHR remains the authoritative body regarding the enforcement of human rights obligations.
Government's Stance on Human Rights and Security Concerns
In its response, the German government clarified that the indivisibility and inalienability of human rights do not imply that every right is absolute. It stated, "Where restrictions are permissible, security interests are also a legitimate consideration," citing Article 8(2) of the ECHR, which protects private and family life but allows for interventions when legally prescribed, particularly for national security, public order, or crime prevention. The declaration emphasizes the discretion of national authorities and courts, particularly when considering the expulsion of foreign criminals, requiring a careful assessment of the crime's severity, public safety, and the individual's personal ties.
Moreover, the German government reaffirmed that the prohibition against torture and inhumane treatment, as detailed in Article 3 of the ECHR, is absolute and does not permit exceptions or balancing against state security interests. Each deportation must be individually examined to determine if the person faces treatment in the destination country that would violate Article 3, leading to a prohibition on deportation if such a risk is identified. Individuals affected by deportation decisions retain the right to challenge such decisions and seek judicial review.
Asylum Access and Cooperation with Third Countries
Despite concerns about the potential misuse of migration for political leverage, the German government is committed to maintaining individual access to the asylum process. The Chișinău Declaration identifies scenarios where a state or other actor might intentionally promote or exploit migration to exert political pressure on another country, describing these actions as threats to territorial integrity and national security. Importantly, the government stated that the right to access the asylum procedure remains intact, even in cases of instrumentalized migration, ensuring that individuals involved retain their rights under the ECHR and other relevant European and international laws.
The declaration also acknowledges the autonomy of member states to establish their immigration policies and control their borders, while stipulating that all measures must align with the guarantees of the ECHR. It suggests innovative approaches such as processing asylum applications in third countries, establishing repatriation centers outside national territories, and enhancing cooperation with transit countries, provided that these collaborations adhere to the ECHR's stipulations. The German government has made it clear that diplomatic assurances from a destination country may help mitigate risks under Article 3, although the adequacy of such assurances remains subject to individual assessment.
Germany did not support a prior initiative proposed by several European governments regarding a reevaluation of the ECHR's jurisprudence in migration matters, aiming to strike a balance between individual human rights and state interests in deportations and migration control. However, it did endorse the Chișinău Declaration, which aims to preserve the authority and independence of the ECHR while being collaboratively crafted by all member states. The German government continues to engage in negotiations within the Steering Committee for Human Rights, although it has not disclosed specifics on its proposals or the nature of confidential discussions.
In conclusion, while the government has no plans to ratify the 16th Additional Protocol to the ECHR, which would allow national courts to request advisory opinions from the ECHR on fundamental interpretative questions, it remains committed to ensuring that the ECHR's guidance can still be sought through regular individual complaints.
As reported by fokus-afrika.de.
