Entscheid des Bundesgerichts – EDA muss Antrag eines mutmaßlichen Schweizer IS-Kämpfers prüfen

Translation:

>__The IS supporter travelled to Syria nine years ago. He wanted to come back, but the EDA refused. Now the Federal Department of Foreign Affairs has to go through the books again.__

>For five and a half years, 30-year-old A. has been imprisoned in a Kurdish detention facility in the autonomous region of northeastern Syria. He is a Swiss citizen who traveled to Syria nine years ago amidst the civil war between various religious and political groups, government troops, and foreign armies.

>While there are indications of his motivations, no concrete evidence exists. It is possible that A. joined the terrorist group known as the Islamic State (IS). Subsequently, Kurdish fighters from the Syrian Democratic Forces (SDF), supported militarily by the U.S. and other European nations in their fight against IS, captured him. Whether he remains in Kurdish captivity is not entirely clear, given the uncertain situation in Syria after Assad’s downfall.

>__A Request for Return to Switzerland__

>A. wishes to return to Switzerland and needs assistance to do so. In 2022, he applied for help from the Federal Department of Foreign Affairs (EDA), citing the dire detention conditions in Kurdish prisons as a threat to his life and health. However, the EDA denied his request, stating that Switzerland does not actively assist with repatriation for individuals who traveled for terrorist purposes.

>EDA Must Review the Request

>Now, the Federal Department of Foreign Affairs must reassess the case. According to the Federal Supreme Court (Bundesgericht), the EDA must seriously consider the request for assistance within the framework of consular protection. The court found that A. has a legitimate interest in protection due to the detention conditions.

>This decision brought satisfaction to A.’s lawyer, who stated, “It is to be hoped that the EDA’s upcoming decision will ensure that my client can return to Switzerland.” The lawyer emphasized that A.’s alleged terrorist background is unconfirmed, as he has never been convicted.

>However, the Federal Supreme Court ruling does not mean that the EDA must definitively grant repatriation assistance. In a written statement, the EDA noted that the ruling is currently being analyzed by the relevant authorities. It also reiterated the following principle: “Switzerland does not refuse entry but does not actively facilitate the return of adults who traveled for terrorist motives.”

>__10,000 Foreign IS Fighters Detained__

>While the Federal Supreme Court has ruled in favor of the individual seeking repatriation, the issue is not about sympathy for a suspected terrorist but rather about fundamental procedural rights in a constitutional state.

>If Switzerland decides to actively repatriate A., it could also alleviate the burden on Kurdish authorities, who are responsible for housing and managing tens of thousands of foreign IS fighters and their families in camps. Kurdish authorities would willingly hand them over to their home countries.

>Bringing A. back to Switzerland would also allow the possibility of prosecuting the 30-year-old for membership in a terrorist organization. The Federal Department of Foreign Affairs is now required to