Paris will now have to justify a possible refusal to repatriate women and children of jihadists detained in Syria. Their relatives can appeal to an independent body or a court.
by
The European Court of Human Rights (ECHR) condemned, on Wednesday, September 14, France, for not having justified the non-employment of two women of jihadists and their children whose relatives had deposited two requests before the European jurisdiction based in Strasbourg on May 6, 2019 and October 7, 2020. It is a setback for the French State, which has so far repatriated families of jihadists “on a case -by -case basis” and at its discretion, without any transparency . However, the decision of the ECHR, adopted by 14 votes against 3, does not guarantee a “general right to repatriation” for women and children selected in the northeast camps Syrian.
The two requests had been presented on behalf of H. F. and M. F., as well as J. D. and A. D., two families who had asked the French authorities to repatriate their loved ones, before resolving themselves to seize the European jurisdiction, believing that Their daughters and grandchildren were exposed in Syrian camps to “inhuman and degrading treatments”.
The Grande Chamber of the ECHR, the highest body of this jurisdiction, had examined the requests on September 29, 2021. The applicants were represented by M e Marie Dosé, while the French State It was by François Alabrune, director of legal affairs of the Ministry of Foreign Affairs.
“In execution of its judgment, the Court specifies that it is the responsibility of the French government to resume the examination of the applicants as soon as possible by surrounding it with the appropriate guarantees against the arbitrariness,” said the ECDH. She adds that “the rejection of a return request presented in this context must be able to be the subject of an individual examination (…) by an independent body”, without it being necessarily “a jurisdictional body “.
” The end because of the prince “
The girls and grandchildren of the two applicant families were not part of the major repatriation operation of July 5, during which 16 women and 35 minors were brought back to France by bus then the plane since the Roj Kurdish control camp. No one knows on what basis has been established the list of repatriated women: state of health, volunteering, security concerns?
No one knows when new repatriation operations are planned. The Quai d’Orsay, which “took note” on Wednesday of the ECHR decision, said that France was “ready for new repatriations” of families of jihadists in Syria, “whenever the conditions allowed”.
You have 56% of this article to read. The continuation is reserved for subscribers.