[Grem] Fwd: Foreign Terrorists Invoke Human Rights to Stay in Europe

2020. Május. 27., Sze, 17:47:51 CEST

Interesting!

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From: European Centre for Law and Justice <secretariat at eclj.org>
Date: Wed, 27 May 2020 at 17:06
Subject: Foreign Terrorists Invoke Human Rights to Stay in Europe
To: <sonja1lazar at gmail.com>

Is it not awkward that ISIS terrorists invoke “human rights” to be allowed
to return in Europe, even though they fought against the European culture?

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*ECHR: Foreign Terrorists Invoke Human Rights to Stay in Europe*
Is it not paradoxical that ISIS terrorists invoke “human rights” to be
allowed to return in Europe, or not to be expelled from it, even though
they hate the European culture and have fought against it, to the point of
being guilty of war crimes and genocide? Such cases are multiplying before
the European Court of Human Rights (ECHR).

The ECLJ intervened in two of them, to bring an interpretation of human
rights that is not naïve while remaining firm on the principles.

On this occasion, the ECLJ has just published a new Report (in French only
<https://eclj.us10.list-manage.com/track/click?u=567507fce24ff5f4d84cc3e33&id=6eb9cd9424&e=97afa89bd6>)
on the conditions to revoke the nationality of terrorists.

In one of these cases, an ISIS veteran, from a mixed Danish-Tunisian
couple, challenges the revocation of his Danish nationality and his
deportation to Tunisia, of which he is a national. In the other, an Iraqi
man challenges his deportation to Iraq for organizing the financing of an
Iraqi terrorist organization from Germany, where he lives with his Turkish
wife and their children (His wife and his children have dual German and
Turkish nationality).

With these cases, the ECHR must rule on two crucial questions:

   1. Can a European state withdraw nationality and then expel a terrorist
   with dual nationality from Europe?
   2. Can a European State expel a foreign terrorist who has founded a
   dual-national family on its territory?

Expulsions of Islamist terrorists: read the full ECLJ press release
<https://eclj.us10.list-manage.com/track/click?u=567507fce24ff5f4d84cc3e33&id=e332b77feb&e=97afa89bd6>

In its written observations (available here
<https://eclj.us10.list-manage.com/track/click?u=567507fce24ff5f4d84cc3e33&id=0eabfc5b43&e=97afa89bd6>
and there
<https://eclj.us10.list-manage.com/track/click?u=567507fce24ff5f4d84cc3e33&id=77fd3f0f5c&e=97afa89bd6>),
the ECLJ recalled in particular what the link of “nationality” between a
person and a nation consists in: it is not a right, nor a mere
administrative formality, but the expression of a bond of belonging. The
ECLJ also recalled the grounds on which it must be possible to expel a
foreign terrorist.

   - *Withdrawing the nationality of dual-nationality terrorists*

By their actions, the ISIS terrorists voluntarily break their bond of
belonging to a European people or demonstrate the non-existence of such a
bond. In their case, “*the revocation of nationality merely translates, in
law, a factual and material reality: that of a person who is a foreigner by
his whole being*” (Bertrand Pauvert, interview for the ECLJ in French only).
Where jihadists have only one nationality, European States can only deprive
them of it if it is reasonable to believe that they can acquire another
nationality (*K2 v. the United Kingdom*, no. 42387/13, 7 February 2017).
International and European law, on the other hand, leave a wide margin of
appreciation to States to withdraw the nationality of terrorists with dual
nationality, i.e., who already have another nationality.
However, the deprivation of nationality is rarely used. In France, for
example, only 13 deprivations of nationality have been pronounced because
of terrorist acts in twenty years (1996-2016). This political choice is
dangerous. Indeed, jihadists who retain their nationality have a “right to
return” to Europe and the right not to be expelled from it. On the
contrary, the withdrawal of the nationality of dual nationals facilitates
their expulsion as foreigners.

   - *Expelling foreign terrorists*

Like any foreigner, a jihadist does not have a right to live in a country
of which he or she is not, or no longer, a national.
In its observations to the European Court, the ECLJ has clarified that the
possibility for a State to expel foreign terrorists pursues several
legitimate objectives provided for in the Convention: to protect national
security, to prevent new criminal offenses of the same kind, or to defend
the rights of potential victims. Moreover, States have a duty to protect
the population against terrorist threats, thus preserving common goods such
as public order, national harmony, and the civil and civic spirit.

   - *The ECLJ’s recommendations*

In addition to individual cases, the ECLJ has made proposals to the Court
to settle disputes on the expulsion of criminal aliens.
Admittedly, the current case-law shows that the ECHR is concerned with the
individual situation of foreigners and their families and the danger they
pose to security. The ability of an alien threatened with expulsion to
integrate is thus assessed. However, the ability of society to integrate
this foreigner is totally omitted. Yet, between a foreigner and a society,
the will to integrate must be mutual, like a bilateral contract.
After assessing the willingness of a foreigner threatened with expulsion to
honor this contract, it is crucial to assess the willingness of society as
well. This is why the ECLJ suggested to the Court to supplement its usual
approach in order to integrate the rights of society.
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------------------------------
*Other resource: **Does France have any other choice than to judge its own
jihadists?* (ECLJ website
<https://eclj.us10.list-manage.com/track/click?u=567507fce24ff5f4d84cc3e33&id=f1e2bf2338&e=97afa89bd6>
)
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