The State Council rejected on Tuesday appeal of wives and children of jihadists held in Kurdish-controlled camps in Syria who demand their repatriation to France, saying they do not have jurisdiction over a decision related to diplomacy French.
Appellant on appeal, the Judge of the State Council referred to Friday hearing four applications. Three of them came from French women linked to the Islamic State organization (IS) and held in a camp in Syria with their eight children. A last came from the uncle of two minors, aged two and four, who demanded that the state repatriate them from another Syrian camp, under the control of Kurdish forces, where they live.
A matter of diplomacy
In his decisions, the magistrate considers that the requested measures "would require the engagement of negotiations with foreign authorities or intervention on a foreign territory". "They are not detachable from the conduct of international relations of France," he continues, concluding that therefore, no jurisdiction had jurisdiction to rule on the matter.
At first instance, the Paris Administrative Court had also declared itself incompetent for the same reasons. "Families are facing a denial of justice, although the situation is only getting worse", regretted to AFP Me Nabil Boudi, lawyer of the uncle of the two miners. "Today, everything is locked, whether with the Quai d'Orsay or on the side of justice". The government refuses to bring back its nationals, jihadists and wives, affiliated to the IS, and has so far agreed to repatriate children only "case by case".