The Council of Europe Commissioner for Human Rights, Michael O’Flaherty, conducted a visit to Germany from 13 – 17 October 2025, during which he focused on issues related to migration and asylum and on freedom of peaceful assembly and expression in the context of protests in relation to Gaza. He also addressed related concerns regarding racism and discrimination, in particular antisemitism and anti-Muslim hatred. He expresses his gratitude to the authorities of Germany for their welcome and cooperation, as well as for the open discussions during the visit.
Concerning migration and asylum, the steps taken by the authorities to implement the EU Pact on Migration and Asylum were a focus of the discussions. With the draft legislation to transpose the Pact into domestic law currently before the parliament, the Commissioner recalls the importance of including directly in the law clear provisions for independent human rights monitoring in connection with screening and asylum border procedures. The experiences of the National Mechanism for the Prevention of Torture and the German Institute for Human Rights when creating this mechanism should be built upon. The Commissioner notes the importance of the draft law in ensuring that asylum seekers can benefit from all necessary procedural safeguards, and that both asylum seekers and those faced with return are housed in appropriate reception facilities.
Repeated concerns were raised during the visit regarding asylum seekers being refused entry into Germany by federal border police, without an individual asylum procedure, and with little or no assessment of individual vulnerabilities. Noting a judgment by the Berlin Administrative Court of 2 June 2025 which found a forced return of three Somali asylum seekers unlawful, the Commissioner reiterates that access to asylum and to individualised procedures in border settings are crucial to fulfil states’ obligations as regards the prohibitions of refoulement and of collective expulsion.
The Commissioner discussed concerns about the situation of approximately 2,000 Afghan nationals currently stranded in Pakistan, as part of the two humanitarian admission programmes put in place by Germany since 2021. He encourages the government to process these cases as swiftly as possible in full respect of the human rights of the impacted individuals.
