FDFA must re-examine case of imprisoned Swiss IS fighter
Published: Friday, Dec 27th 2024, 13:20
Volver a Live Feed
The Federal Supreme Court has upheld the appeal of a former IS fighter from Switzerland who was imprisoned in Syria. The Federal Department of Foreign Affairs (FDFA) must deal with the 30-year-old's application for repatriation to Switzerland.
In September 2022, the detainee asked the FDFA to take all measures available to the federal government to enable him to return to Switzerland. He justified this on the grounds that his life and limb were at risk due to the adverse detention conditions in the Kurdish-dominated city of Derik. This is the result of a ruling by the Federal Supreme Court published on Friday.
Two months later, the FDFA informed the 30-year-old's legal representative that Switzerland does not offer active repatriation assistance for adult travelers motivated by terrorism. Despite an application to this effect, the department did not issue an order that the detainee could have contested.
In December last year, the lawyer filed a so-called complaint of legal delay with the Federal Administrative Court. The court did not take up the matter. It held that the appeal was not admissible because it concerned a decision in the area of the country's internal and external security. The Federal Council was responsible for this.
No hazard identified
Furthermore, the complainant has no right to consular protection. Such a legal claim does not exist in principle, except in cases where the life and limb of the person concerned are in danger. And he had not proven such a threat.
The Federal Supreme Court overturned this decision. Firstly, it stated that the matter was not the exclusive responsibility of the government and should certainly be assessed by a court. It went on to say that the 30-year-old "undoubtedly" had an interest worthy of protection in the issuing of the order requested by him due to the precarious conditions of detention.
The case will now be returned to the FDFA "for further consideration". In its considerations, the Federal Supreme Court states that the Department must take into account the current situation in Syria, "which may require a new assessment of the threat to life and limb asserted by the complainant". A threat could exceptionally justify a legal claim to consular protection. (Judgment 1C_517/2024 of 13.12.2024)
©Keystone/SDA
Spanish 
English 
German 
French 
Arabic