The Federal Constitutional Court has rejected a judge for an asylum case because of possible bias, who had described the statement “migration kills” as a “provable fact”. In doing so, the court complied with the complaint of an Afghan man, whose complaint about his rejected asylum application was originally to be ruled on by the judge in question, the Federal Constitutional Court announced on Friday.
The background to the complaint is the dispute over an NPD party election poster that reads “Stop the invasion: migration kills! Resist now!” To this, the judge had ruled that the phrases were not seditious and that there had been cases of asylum seekers killing locals. Moreover, migration since 2014 was “likely to lead to the death of the free democratic basic order in the long term”.
However, this and other remarks were “obviously suitable to justify mistrust in the judge’s impartiality”, the Karlsruhe court decision added. The judge also linked immigration to serious crimes and showed that he considered “migration to be a fundamental evil that threatens the future of our community”.