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ECHR dismisses Danish national stripped of citizenship for joining Islamic State

2022-03-03T11:50:05.720Z


The European Court of Human Rights, which ruled on the case of a bi-national also having Tunisian nationality, considered it "legitimate" to show "firmness in the face of terrorism".


The European Court of Human Rights (ECHR) dismissed on Thursday March 3 a man stripped of his Danish nationality for having joined the Islamic State (IS) group, judging it "

legitimate

" to show "

firmness in the face of terrorism

" .

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It is "

legitimate for the Contracting States

" of the European Convention on Human Rights, including Denmark, "

to show firmness in the face of terrorism, which itself constitutes a serious threat to human rights

“, insists the legal arm of the Council of Europe in a press release summarizing its judgment.

Born in 1990 from a Danish father and a Tunisian mother, the applicant had both nationalities, indicates the Court based in Strasbourg.

He was arrested in 2016 after Interpol disseminated to Danish intelligence a list

of "individuals suspected of having been recruited by the terrorist organization 'Islamic State'

", on which his name appeared, continues the pan-European jurisdiction.

He notably visited Syria in September 2013, before returning to Denmark in February 2014.

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Ties in Tunisia

Judged, he had been sentenced at first instance and on appeal to four years in prison for "

having agreed to be recruited and trained

" by the IS group with the aim of "

committing acts of terrorism

", recalls the ECHR.

This specifies that the courts had not then decided to strip him of his Danish nationality.

But in 2018, unlike the first two courts, the Danish Supreme Court considered that he "

should be stripped of Danish nationality and expelled

" from Denmark "

with a definitive ban on return

", continues the European Court.

The Supreme Court considered that these measures were "

not disproportionate

since the applicant had ties in Tunisia, the country where his mother and brothers and sisters lived.

His spouse, a Danish convert to Islam, and their son, educated in an Islamic school in Denmark, were not "

entirely reluctant to accompany him to Tunisia

", further relates the Pan-European Court, which therefore agreed with Denmark's highest court.

The ECHR judges in particular "

that the decisions (...) had been rendered following a prompt, complete and diligent examination of his file, taking into account the seriousness of the offences

" committed by the applicant, who served his sentence and is currently in a detention center awaiting deportation.

Source: lefigaro

All news articles on 2022-03-03

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