Swiss Review 1/2020

Swiss Review / January 2020 / No.1 20 Politics STÉPHANE HERZOG Western countries are not in any hurry to take back their nationals detained in Syria and Iraq. In north-east Syria, Jihadi travellers are kept in open-air prisons and in camps. In Iraq, individuals suspected of terrorist activ- ity for the Islamic State (IS) are held in prisons. In this tense country, several westerners have already been sen- tenced to death, although they have not been executed. Observers have criticised the flawed criminal proce- dures. In Syria, families captured after the fall of the last bas- tions of the caliphate in 2019 are living in “apocalyptic” conditions, according to the International Committee of the Red Cross (ICRC). This is the case for the al-Hawl camp, where almost 73,000 individuals, including 67,000 women and children, are currently held, according to the ICRC. In this area of Syria, destabilised by the Turkish in- tervention this autumn, 12,000 people are accused of serv- ing as fighters for IS, explains Mehmet Balci, co-founder of the NGO Fight for Humanity (FFH). Swiss passport hold- ers account for around 20 individuals in this region, ac- cording to the Federal Intelligence Service. Three young men of Swiss nationality are imprisoned in Syria, adds Jean-Paul Rouiller, head of the joint analysis group on ter- rorism at the Geneva Center for Security Policy (GCSP). The Federal Department of Foreign Affairs (FDFA) is not aware of any Swiss nationals accused or detained in Iraq. Amongst the westerners sentenced to death in Iraq, how- ever, is one young man who grew up in Thurgau and who holds a C permit. “Switzerland does not have to intervene in this case,” states Rouiller. It is for the states concerned to judge the crimes So, what would happen if Swiss nationals were sentenced to death? The objective of the authorities is that “prosecu- tions and execution of sentences are carried out in accord- ance with international standards in the states in which the crimeswere committed”, says the FDFA. Should this not be the case, it will be up to Switzerland “to sentence these nationals as soon as they return to the country, or a state with which Switzerland has a judicial assistance agree- ment”, states the FDFA. Of course, the subject of capital punishment remains a theoretical one. No judicial procedure has yet been under- taken in north-east Syria and there is no death penalty in that part of the country. “The situation would be different if the Kurdish forces running the IS prisoner camps decided to let these people be moved to the regions of Syria con- trolled by Bashar al-Assad, where the death penalty still ex- ists and there are fewguarantees of a fair trial,”warns Balci. A dozen European fighters have already been transferred to Iraq and sentenced to death, notes the GCSP. In such a case, at least from a legal point of view, Switzerland would be obliged to repatriate its nationals, explains Jean-Paul Rouiller. The future of IS fighters and their families is also linked to political questions. On the one hand, the Kurds would like to hold trials for the fighters responsible for atrocities committed in their region, underlines Balci of FFH. Rouiller states that “in Iraq, western prisoners represent a lever for the government in the context of negotiations aimed at ob- taining the means to fight against terrorism”. Regarding the death penalty, “Switzerland should do something in this context to remain consistent with its status as the world leader against the death penalty within the UN Hu- man Rights Council,” reasons Alain Bovard of Amnesty In- ternational. A policy judged “unsustainable and dangerous” “Is Switzerland unable to repatriate 20 people and try them if necessary? It would be strange if it did not. The country is already dealing with cases of radicalised individuals on its own territory,” says Balci. The passivity of Switzerland and other Western countries with regards to minors is even more concerning. “Switzerland will examine the possibili- ties of repatriating minors on a case by case basis if it is in the best interests of the child,” states the FDFA. The foreign ministry considers that the presence of children – allegedly representing fewer than ten of the Swiss nationals – in this crisis region “is the responsibility of themother”. “Until now, Jihadi detainees present a dilemma for Switzerland There are said to be around twenty Swiss nationals detained at present in Iraq and in Syria, including women and children. The fundamental rights of these individuals, whether they have been fighting for the Islamic State or not, are not guaranteed. The Confederation has no plans for repatriation.