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By Belga
The Belgian state is not obliged to repatriate six children of two fighters of the terrorist organization Islamic State (IS), has decided on Thursday the judge of the summary of Brussels. The two mothers and their children are currently in a Kurdish camp. According to their lawyer Walter Damen, however, it is feared that the two women and their offspring will soon be sent back to an IS-controlled area. The Belgian state could have the moral duty to repatriate them, but this duty is not legally binding because these refugee camps do not fall under the Belgian jurisdiction, estimates the judge.
The two widows of soldiers of the EI and their children had already been evacuated from Syria in 2013. After giving birth in Antwerp, the two women had returned to Syria with their children. In March 2018, the Antwerp Criminal Court sentenced them to prison terms of up to five years. The two mothers have since given birth to a new baby, bringing the total to six children aged 5 to two months.
It is absolutely not about radicalized youth
Damen pleaded. "
These are children who have Belgian nationality. Belgium must repatriate them. The Minister of Justice has even said that it is our duty. State Security also reports the risk of these women and children being returned to an IS-controlled area.
For his part, the magistrate felt that "
on the basis of the Convention on the Rights of the Child, the Belgian State undoubtedly has the moral duty to care for the minor children of combatants in Syria who are in refugee camps in combat zone, but this moral duty does not seem legally binding because these camps do not fall under Belgian jurisdiction.
"
Mothers can not invoke the European Convention on Human Rights (ECHR) to demand their repatriation, the judge said. The fact that they and their children have Belgian nationality does not change that.
Moreover, the declarations of the Minister of Justice do not constitute a binding legal basis for the Belgian government, according to the court. "
The decision of the Council of Ministers is only a political statement. This is an intention, which does not create any subjective right to repatriation. The Belgian State stresses that significant obstacles remain before being able to facilitate a return. No procedure is on track but the government departments would work on it.
"
Mothers also did not show signs that their children would be in danger, the magistrate said. The latter also motivates his decision by stating that the only evidence in this respect consists of press articles, the content of which is unreliable and is sometimes contradicted by other news.
Mothers may still appeal. [19659011] if (typeof (cookie_consent_social) === 'undefined' || checkCookieConsent ('social')) {
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