Question juridique clé
Whether removal detention under Art. 13b ANAG was lawful because the person was likely to abscond.
Solution extraite
Yes. The authorities could rely on concrete indications of absconding risk, including unlawful re-entry, refusal to depart voluntarily, and unclear identity/nationality issues.
Motifs extraits
The court held that the purpose of the proceedings was only to secure removal, not to assess criminal responsibility or resocialization interests. The short-term detention was justified because the appellant had no right of residence and the execution of removal was being prepared with available identity and travel-document steps.