Higher Administrative Court Permits Deportation of Rapper 18 Karat to Portugal

Background: Conviction and Proceedings So Far

The city of Dortmund had determined the loss of European freedom of movement rights and ordered his deportation to Portugal. In the courts' view, it did not have to wait for the ongoing main proceedings. The Gelsenkirchen Administrative Court had already rejected the rapper's urgent application the previous Friday. It saw compelling reasons of public order and security and pointed to a risk of reoffending.

In its reasoning, the Administrative Court stated that 18 Karat had not distanced himself from the milieu in which the offenses had been committed. Specifically, there was a risk of further serious crimes. "Die Ruhe und physische Sicherheit der Bevölkerung" could potentially be endangered by him, the ruling stated.

Courts' Reasoning

The Higher Administrative Court also adopted this assessment. It did not accept the rapper's objection that he had contact with his family and a very young child. That contact did not change the risk of further serious crimes emanating from him. The decision is final.

In the urgent proceedings before the OVG, 18 Karat himself had argued that there was currently no acute danger from him, as he was in custody. He also emphasized that he had broken away from criminal structures and would not commit any further offenses. The court did not follow this argument.

Criticism from the Defense

Grüter sharply criticized the decision. "Das Gericht trennt nicht zwischen künstlerischem Werk und Realität," she said, referring to the rapper's music, in which the drug milieu plays a central role. She called the immediate deportation a "rechtsstaatliches Armutzeugnis." In her view, the still-outstanding decision on a possible suspension of the remainder of the sentence on probation should have taken precedence over the deportation. "Diese Entscheidung hätte aus meiner Sicht vorgehen müssen," said Grüter.

According to the lawyer, a review of whether the remainder of the sentence could be served on probation had been scheduled for a few weeks after the planned deportation. However, the public prosecutor's office had waived further enforcement of the sentence in the event of deportation. The deportation itself entails numerous disadvantages for her client, including a significantly longer re-entry ban.

In the urgent proceedings, 18 Karat had also pointed to his private circumstances: he lives in Germany with a German partner, and the couple is expecting a second child, according to the lawyer. Following the deportation, there was initially no contact with him because he does not own a mobile phone. "Er konnte sich heute früh einmal bei seiner Familie melden und seine Ankunftszeit und Ankunftsort mitteilen," reported Grüter.

Private Circumstances and Consequences of the Deportation

Should 18 Karat return to Germany, he would be arrested and would have to serve the remainder of his sentence. The authorities usually keep the exact time of deportation secret in such cases in order not to jeopardize enforcement. The city of Dortmund confirmed the deportation to the German Press Agency.

18 Karat was born in Portugal and came to Germany as a child. He found success as a musician with tracks such as "Verliebt in einen Gangster 2" and "Narco Trafficante" as well as several albums in the German charts' Top Ten. His debut album "FSK 18 Brutal" was released ten years ago. He also runs a music label together with a partner who was also convicted of drug offenses — a circumstance that fed into the courts' reasoning on the risk of reoffending.