9 December 2011
German court finds the transfer of Somali pirates to Kenya to be in violation of Germany’s obligations under international law
On 11 November 2011 a German administrative court in Cologne decided that Germany violated the prohibition of torture, inhuman and degrading treatment (Articles 3 ECHR and 7 ICCPR) by transferring Somali pirates captured by the German fregate “Rheinland-Pfalz” in the framework of the EU anti-piracy mission ATALANTA to Kenya. The German court rejected two other claims by plaintiffs that the capture and detention on the “Rheinland-Pfalz” were in violation of international and German constitutional law.
Decision (in German): link