The Federal Court accepted the appeal of a Swiss veteran of the Islamic State group detained in Syria. The Federal Department of Foreign Affairs (FDFA) will have to once again examine the request for repatriation of this 30-year-old man.
In December 2023, the detainee, who said he feared for his life, asked Switzerland to be repatriated, which the authorities refused without the possibility of contesting the decision.
This is not acceptable, according to the Federal Court, which ruled on the form and not on the substance. The High Court considers that the applicant must receive a formal decision, subject to appeal, and that the matter cannot be left to the sole goodwill of the government, the DFAE in this case.
Decisions made with full knowledge of the facts
The matter thus returns to the DFA. The Federal Court explains that the department must take into account the current situation in Syria, “which requires, if necessary, a new assessment of the danger to life and bodily integrity invoked by the applicant”. Endangerment may exceptionally justify the right to the consular protection requested.
For Philippe Currat, a lawyer specializing in international criminal law, this decision is important, “because it reminds us that Switzerland is a state of law and that the people concerned must be able to be heard so that the decisions which concern them is made in full knowledge of the facts and that they can contest them if necessary.
>> Philippe Currat’s interview in Forum:
ats/rad
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