The man, identified as Mohammed A, should have been deported, but the deportation order against him was not enforced despite his asylum claim having been denied twice. He came to Germany through 2021 asylum claim in Lithuania, where he said he was gay and would face execution in Iraq.
Germany tried to deport Mohammed in 2022, but there were legal challenges that prevented that, RMX reports. He claimed he'd been raped in a Lithuanian asylum center. Despite the claim being entirely unsubstantiated, it held up his deportation due to the "significant risk of retraumatization."
In 2024, he was arrested and convicted for "approaching a woman, putting his arm around her, unzipping his pants, and exposing himself. He was fined 40 daily rates of €15 each, a fine that was below 90 daily rates, so it did not trigger a criminal record that might have affected his immigration status," reports RMX.
The 31-year-old man, say prosecutors, "at least tacitly accepted" that he had caused the girl, identified in court documents as Liana K., to fall into the path of the oncoming freight train traveling at 100 km/hour. Due to the schizophrenia, however, prosecutors declined to charge him with offences that could lead to prison time.
Instead of prison, the man has applied for placement in psychiatric care. He's been in the Moringen psychiatric facility since he was arrested in August.
AfD party leader Alice Weidel said, "The Iraqi who was subject to deportation at the time of the crime and who killed Liana (16) by pushing her in front of a freight train will go unpunished: The public prosecutor's office certifies him as 'guilty but insane.' No deterrent judgment, no imprisonment followed by deportation—instead, the taxpayer has to foot the bill for the perpetrator's accommodation in a psychiatric hospital. This is a scandal!" Per X translation.

Interior Minister Alexander Dobrindt said the killing shows just how dysfunctional the system is. "I don’t understand it either. And I’m angry, too," he said. "These are precisely the points that, unfortunately, demonstrate the dysfunctionality of this system in such an incredibly tragic way."
He went on to say that "A country that is overwhelmed by an excessive number of refugees will simply no longer be able to demonstrate systems that function."




