Court orders state to repatriate Belgian woman and her child detained in Syria
On Monday, the Brussels Court of Appeal ordered the Belgian state to “take the necessary measures” to enable a Belgian mother and her minor daughter, who are currently detained in the al-Roj camp in Syria, “to cross the border and come to Belgium”.
The woman had travelled to Turkey in 2014, where she married before travelling to Syria with her husband. Since 2017, she and her now 10-year-old daughter have been detained in the al-Roj camp. Just over a year ago, they asked Belgium to facilitate their repatriation.
The defence argued that, given her age, the child was eligible for repatriation. Foreign minister Maxime Prévot had stated in April last year that the state would actively assist in the repatriation of children under the age of 12 who were still in one of the Syrian camps.
The Belgian state, however, had argued that organising a repatriation had become impossible due to the security situation in Syria and the absence of diplomatic representatives.
However, the court maintains that the state remains obliged “to take the measures required by its obligation not to deny them the right of access to Belgium”. “The procedural stance of the Belgian state, at first instance and on appeal, shows that it did not even consider fulfilling its obligation in any way other than by organising a repatriation mission.”
According to the court, the state knew, or ought to have known, that NGOs active on the ground had already successfully carried out repatriations of “women suspected or convicted of participating in IS activities, and their minor children who are nationals of other countries, from camps in Syria”. The court refers, amongst others, to Australia.
The court has ordered the state to introduce “appropriate procedures” within one month to allow the two individuals concerned to return to Belgium. In the event of non-compliance, a penalty payment of 2,500 euros per day will be imposed, up to a maximum of 50,000 euros.
Camp Roj in Syria © PHOTO Delil souleiman / AFP
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