The Bavarian authorities plan to deport Mark Z., a queer refugee originally from Uganda, to his country of origin next Wednesday. Z. is currently held in deportation detention at Munich Airport, following a ruling by the Erding District Court, according to the queer counseling center Sub in Munich. His attorney is now fighting to halt the deportation to Uganda on humanitarian grounds.
The issue hinges on doubts raised by the Federal Office for Migration and Refugees (Bamf) about whether Z. is truly gay. Sub rejects these doubts: “We call on the central immigration authorities in Bavaria to immediately stop the planned deportation,” the center said.
Uganda in East Africa tightened its laws against gays and lesbians in 2023. Since then, death penalties can be imposed for “aggravated homosexuality.” The legally specified execution method for civilians is hanging (TheColu.mn reported). Germany is generally not supposed to deport refugees to countries where they face torture or even the death penalty because of their sexual orientation.
Mark Z. was tortured in Uganda
According to Sub, Mark Z. had established himself in Germany in recent years and most recently worked in the logistics sector. A few months ago he had to give up his employment due to serious health consequences: he suffers from chronic depression and a pronounced post-traumatic stress disorder (PTSD) — according to Sub, a direct result of severe torture and life-threatening violence he endured as a queer person in Uganda.
The detention at Munich Airport, the advocacy group says, has massively reactivated his trauma. Although the authorities were aware of his psychiatric history, to date no independent psychiatric evaluation of his fitness to travel has been conducted.
“To deport a survivor of torture to a country that criminalizes queer people with the death penalty is both a humanitarian and legal scandal,” says Anita B., a counselor at Sub. “The Federal Constitutional Court and international conventions draw a clear red line here. We call on the central immigration offices in Bavaria to immediately stop the planned deportation, release Mark Z. from detention, and grant him access to urgently needed medical and therapeutic care.” Sub also accuses Bamf of holding a deportation hearing without informing or involving his legal representation. This effectively prevents the detainee, who is in isolation, from mounting a meaningful defense.
Life partner to Bamf: My ex is gay
Mark Z.’s former partner is meanwhile trying to persuade authorities of his ex’s homosexuality. John stated: “Mark is a gay man. During our relationship we had consensual same-sex sexual relations. I also know that he had connections with other queer people in Munich and relationships with them.” On Instagram he added: “The ability to prove homosexuality before German authorities is a humiliating process. Intimate and private details must be disclosed in a setting of significant power imbalance. These are heavy burdens that weigh on the soul.”
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The interior minister, Alexander Dobrindt (CSU), took office last year promising a “migration turn” and vigorously defended deportation flights to unstable countries like Afghanistan and Syria. In doing so, he rejected the claim that Germany has acted inhumanely in such deportations: “There has not been a shortage of humanity in recent years, but there has been a shortage of order,” stated the Christian Social Union member.