Violation in the constitutionally guaranteed right to life under Article 2 ECHR and in the right under Article 3 ECHR not to be subjected to torture or inhuman or degrading punishment or treatment:

Despite the extreme volatility of the security situation and the precarious supply situation in Afghanistan evident at that time, the Federal Administrative Court still dismissed the complaint of a person who had fled Afghanistan as unfounded in mid-November 2021 – i.e. months after the Taliban had taken complete power in Afghanistan – and thus confirmed the return decision issued against the person. One of the reasons given by the court was that, in its view, the security situation in Afghanistan was expected to calm down after the Taliban took power (sic!).

The Constitutional Court also overturned this decision in its ruling of 29 June 2022, E 4621/2021, which was delivered today: