In the long fight led by relatives of French jihadists who are held with their children in Kurds in Northeast Syrian, the decision of the Paris administrative court on Thursday March 13 is a decisive stage. The administrative court, seized by lawyers for eight women, who are responsible for 29 children aged 6 to 15, canceled the refusals opposed by the Ministry of Foreign Affairs to their repatriation requests in France. Me Marie Dosé, who represents these women, praised “A historic decision”.
This unpublished decision is a consequence of the conviction of France by the European Court of Human Rights (ECHR), on September 14, 2022 in Strasbourg. In its judgment, the ECHR asked France to personally motivate its refusals and create an independent remedy body in the event of refusal of repatriation. For having insufficiently motivated its refusals, the Ministry of Foreign Affairs is now put in notice by the Administrative Court to re -examine requests for repatriation within two months. It is one more step towards the judicialization of a question which had remained so far in an area of lawlessness, depending on the arbitrariness of the executive and the reason of state.
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