Lawyer sues for return of children of german is-fanatic

lawyer sues for the return of children of a german is-fanatic

Picture: Camp Hol. Photo: ANF

Both toddler-aged girls are orphans – Courts to make clear what politicians fail to do

The situation is tricky. On the question of how to deal with children in Syria whose parents had left other countries to join IS, there is no standard solution. A German lawyer is now trying to take legal action, as the Tagesschau reported on Tuesday evening. The lawyer is suing the German government for the repatriation of two German girls, ages two and four.

Both girls are orphans. Nothing is reported about the father, the mother, a German, who is said to have lived in Baden-Wurttemberg before joining the IS, died as a result of the fighting in Baghouz, which is seen as a kind of "final battle" were described. So she endured there until the end, or did she have to endure it for so long?? The two children are in the al-Hol camp near Hasaka, which has already been reported on here several times. According to information from aid organizations, on May 1 there were. May there were an estimated 73.500 people.

It is under the administration of Kurds. Despite the efforts of the administration and its helpers, the camp, which was originally designed for far fewer residents, is experiencing very difficult conditions, both in terms of food supplies and medical care, as well as tensions between residents. They are overburdened. Representatives of the administration not only of the camp but also of the Kurdish-controlled area have been drawing attention to this for weeks and appealing to the states of origin to take back their nationals.

No diplomatic relations with Syria, no consular assistance

The political crux is that countries like Germany have no diplomatic relations with the Syrian government and the Kurdish administration within the territory of the Syrian state has no internationally recognized legal authority to make judicial decisions about IS members. Children make up a rough portion of camp residents.

"The number of German children in the former IS territory is estimated at 200 to 300", reports the Tagesschau, which, however, does not give any precise information about how many children with German citizenship are living in al-Hol.

The individual case of the two small children is the basis for the action before a German court, which the lawyer Dirk Schoenian undertakes on behalf of family members. It could become a model case.

Schoenian is listed as a lawyer by the al-Asraa association, which prefixes a peculiar superstructure to its list: "Here we would like to give you some names and addresses of lawyers who are currently defending some brothers and sisters. Es ist zu beachten dass Allah macht was Er will; – Er allein entscheidet, ob einer im Gefangnis bleibt oder entlassen wird. Doch es ist es nun mal so, dass man sich in Deutschland nicht selbst verteidigen kann/darf und wenn man keinen Anwalt hat, so stellt euch das Gericht einen Anwalt zwangsmassig zur Verfugung, der oftmals in der Verteidigung nicht allzu motiviert ist. And Allah knows best."

The lawyer demands in a first step, as a research team has determined, that the two children be consularized by the Auswartige Amt and brought to Germany.

He wants to "force", as stated in the report by the research team of NDR, WDR and SZ: "The administrative court in Berlin is now to oblige the Auswartige office to act by temporary injunction." The reasons for the urgency include the fact that the children are in "are exposed to directly life-threatening" circumstances in the camp.

The lawyer had already for a long time been in contact with the Auswartigen Amt "in this and other cases" . The Ministry of Foreign Affairs, however, pointed out that the embassy in Damascus has been closed for some time, so "consular assistance could not be provided on Syrian soil" consular assistance on Syrian soil.

It is worth noting the statement that the ministry is working with its "partners" possible options clear, "to enable German citizens, also in humanitarian cases, to return to Germany".

"Possible options" and partners

Who the partners are, is not said. It is obvious that France plays a role in the consultations or discussions. There one is confronted likewise with the problem, which causes there again and again for sensation. President Macron has stated that the principle is to decide on a case-by-case basis.

This line of the government was recently confirmed by a report in Le Monde about the fact that grandparents of two children, a boy and a girl aged three and four, are now trying to get the European Court of Human Rights to allow their grandchildren and their mother to return to France, since the government in Paris has so far not agreed to their return.

Le Monde reports in this context of diseases such as cholera, tuberculosis and dysentery spreading in al-Hol, where the children have been for three months, and of the fact that, according to the lawyers, the children receive no medical care and too little food. Allegedly, like their mother, they are already sick.

For the past year, several lawyers representing people with French citizenship have been trying through the courts to have them admitted to France ("repatrier"), so far without success. The government is sticking to the solution "case by case"The case represented by the lawyers does not seem to be one of them.

The individual fates are contrasted on the one hand by plans for a cruder solution which, according to media reports, exist in France but are not being implemented, and on the other hand by offers made by "partners", which one does not want to go into. For example, the Tageschau reports on an offer from Iraq to become a partner in the fight against IS, which has been mentioned here before, but with a certain degree of caution, as it was not yet clear in mid-April whether the government in Baghdad was actually behind it: Iraq: taking over captured IS fighters for a lot of money?.

According to the Tagesschau, some things have been cleared up officially:

Meanwhile, Iraq has offered the German government and numerous other countries help in solving the problem. Afterwards at least the foreign fighters could be brought from the Syrian camps into Iraq and be brought to trial there. But Iraq wants ten million dollars from the federal government for each prisoner. According to information from NDR, WDR and SZ, this is what is written in a list of demands that Iraq has submitted to the German embassy in Baghdad.

Iraq is also asking for another 100 million dollars for the construction of a prison and a court building. In addition, the Germans have had to pay for the running costs of judges, guards and medical care, as well as waive their right to provide consular services to the prisoners and protect Iraq from possible criticism.


Obviously, this is mainly about the male IS fighters, there is no mention of women and children. This problem is more complicated. According to a report published last week in the Times of London, Baghdad is already struggling with the children born and raised in the Iraqi territories that IS controlled for years.

Die miserable Losung

45.000 children, according to the Times, citing figures from a Norwegian Refugee Council, were not ied identity papers by Iraqi authorities because they grew up in zones under the control of the so-called "Islamic State" . This means they are formally "stateless", the newspaper reports, and were not entitled to schooling or medical care.

A research team had to determine whether the number of children and the way they were treated corresponded to reality. There is no doubt that the problems are of a considerable dimension. The warning about "ticking time bombs", The warning about ticking time bombs, which also appears in the article in the Times of London, is countered by the fact that almost 75 years ago we already had to deal with children who were born and grew up in a totalitarian state to a very large extent.

Leaving children to their fate in camps in Syria or Iraq is a miserable solution that abandons them to a misery for which they are not responsible, and is only a ducking away.

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