The Council of Europe Commissioner for Human Rights on Friday 2 July called on the member countries of this organization to "
repatriate their nationals detained
" in camps in northeastern Syria under conditions contrary to European humanitarian law .
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Nationals of states signatory to the European Convention on Human Rights "
detained in these camps come under the jurisdiction of these states,
" says Dunja Mijatovic in his observations sent to the European Court of Human Rights (ECHR).
The latter is due to examine in September the cases of young women who left to join the jihadist organization Islamic State (IS), and now detained with their children in Syria. The decision will be rendered several months later. “
The prevailing health and security situation (in these camps) endangers the life and physical and mental health of those detained there, in particular children, and cannot be compatible with the prohibition of torture and inhuman or degrading treatment set out in Article 3 of the Convention
”, explains the Commissioner.
According to her, “
the only way for
'
States Parties
'
to fulfill their obligation to take measures to prevent people under their jurisdiction from being subjected to
'inhuman or degrading
treatment
'
is to repatriate their nationals.
". "
The refusal of certain States Parties to do so is likely to hamper the effective exercise of the right to respect for the private and family life of these persons
", continues Dunja Mijatovic. "
The removal of all foreign children from camps is an absolute and mandatory priority
," she said, insisting that "
their mothers must be repatriated with them
".
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About 200 children and 80 French women have been detained since the fall in March 2019 of
the
Islamic State group's
“
caliphate
” in Syria, in camps in the northeast of the country controlled by the Kurds.
Until now, Paris has maintained a case-by-case return policy for these children (35, mostly orphans, have been repatriated so far) and considers that the adults should be tried on the spot.
Recently, Germany, Finland and the Netherlands have carried out repatriations.
Denmark and Belgium have for their part announced that they are preparing for the return of their children.