The requested repatriation measures do not fall within the competence of a judge but diplomacy, says the Council of State.
The Judge of the State Council rejected on appeal, Tuesday, April 23, four requests for repatriation of French nationals and their children held in Syria, ruling that this decision was not within its jurisdiction but that of French diplomacy .
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.
Competence of diplomacy
After the dismissal of their applications by the Paris Administrative Court, which had invoked the fact that it had no jurisdiction in the matter, they had appealed to the judge of the State Council. The latter on Tuesday made a similar finding to that made by the administrative court in finding that the requested repatriation measures were not under the jurisdiction of a judge but diplomacy.
"The measures thus requested for repatriation, which can not be made possible by the mere issue of a permit allowing them to cross the French frontiers, as was requested at the hearing, would require the undertaking of negotiations with foreign authorities or intervention on a foreign territory ", we read in a statement of the Council of State.
"The summary judge of the Council of State deduces that the measures in question are not detachable from the conduct of international relations of France and therefore do not fall within the jurisdiction of a judge", can we read in this communiqué summarizing the four decisions rendered by the judge of the highest French administrative court.
Repatriation plan in neutral
"Families are facing a denial of justice, although the situation is getting worse", regretted 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".
At the hearing, the judge hearing the application for interim relief refused to refer the European Court of Human Rights (ECHR) for an opinion, as requested by Mre William Bourdon and Me Vincent Brengarth, the lawyers of two French women, Margaux D. and Estelle K., detained in the Roj camp in Syria, each with three children aged between one and a half and eight years.
The lawyer of relatives of another French woman and her two children, Me Marie Dosé, indicated that she was planning to seize the ECHR, on the question of these returns. "We are facing one of the most disastrous humanitarian scandals of the Republic: we make these children pay the choice of their parents"she replied.
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 ". Five orphans returned on 15 March and a three-year-old girl, whose mother was sentenced to life in Iraq, was released on 27 March.
Documents, revealed by Release and which AFP has seen, testify that the French authorities have prepared a very detailed plan for the global repatriation of French jihadists from Syria and their families. However, this has not yet been implemented.