Vous êtes ici

Opinion on French nationals sentenced to death or facing the death penalty in Iraq

 Opinion on French nationals sentenced to death or facing the death penalty in Iraq
Date de publication : 28/01/20
Télécharger le documentTélécharger le pdf (292Ko)

Opinion on French nationals sentenced to death or facing the death penalty in Iraq

The CNCDH considers that, for reasons relating both to respect for the law and to security, France must give priority to the return of its nationals, suspected to be jihadists or sentenced to death by the Iraqi courts, by way of extradition in the case of the former or transfer in the case of the latter

Since the collapse of the terrorist group the “Islamic State of Iraq and Syria” (ISIS), several French nationals in the Syrian-Iraqi region have been transferred to Iraq where they have been sentenced to death or are at risk of being sentenced to death by Iraqi courts for belonging to IS and acts of terrorism.

The CNCDH is concerned about this situation and considers that there are several arguments in favour of their repatriation to France. Firstly, transfer to a state that provides for the death penalty and practises torture is contrary to the principle of non-refoulement. Secondly, the death sentences have been handed down following unfair trials. Thirdly, the death penalty is contrary to France’s legal and diplomatic commitments. Fourthly, the consular protection provided to the detained persons is insufficient. Fifthly, the French courts also have jurisdiction to try the perpetrators of these serious acts on the basis of their nationality. In addition to these legal arguments is the key consideration of the security imperative for France and for Europe.