ERBIL, Kurdistan Region – France’s foreign ministry has denied complicity in the “illegal transfer” of its nationals suspected of fighting for the Islamic State (ISIS) from Syria to Iraq in February, dismissing claims made by a United Nations special rapporteur as “pure speculation.”
The UN rapporteur’s allegations “are not based on any previous exchange with the French authorities,” are "in no way backed up (and) are pure speculation,” the ministry said in a statement.
Agnes Callamard, an expert on extrajudicial executions, expressed “serious concerns” in a Tuesday statement over the fate of seven French nationals who were arrested by the Syrian Democratic Forces (SDF) and subsequently transferred to Iraq in February.
The transfer was made at the request of the French government, or with its suspected involvement, Callamard alleges, knowing that they could face torture, unfair trials and the death penalty in Iraq.
"The involvement of France seems credible, if not very credible, in view of the elements that have been brought to me, as well as the stories of jihadists alleged to their families and lawyers, who say they have seen French officials during their transfer", Callamard told Le Monde on Monday.
With the knowledge that Iraq uses the death penalty and that there are documented cases of torture, “the transfer of people to Iraq to be tried is illegal,” her statement said. She called on Paris to repatriate the suspects so that a “fair verdict” can be reached.
The foreign ministry statement expressed faith in the Iraqi judicial system, despite Callamard’s insistence that the country’s legal system was “marred by very serious structural problems.”
Paris "respects the sovereignty of the Iraqi state, including its judicial institutions that have said they are capable of trying French fighters belonging to IS [Islamic State]," the French foreign ministry said.
“France has held a constant position with regards to French adults, men and women, who joined Daesh [Islamic State] to fight in the Levant. They should be tried as close as possible to the places they committed their crimes.”
“It’s a question of justice and security,” it added.
Iraq had reportedly asked for close to $2 billion to try foreign ISIS nationals in the country in April, according to AFP.
But a Human Rights Watch report released that month accused the Iraqi government of failing to investigate “credible” allegations of torture on Iraqi nationals suspected of ISIS membership at a detention facility in Mosul.
Eleven French nationals tried in Iraq were handed the death penalty in trials taking place earlier this year.
Paris denounced the use of the death penalty in their August 12 statement, reiterating their disapproval of its use in all circumstances – including the trials of ISIS suspects.
"The Iraqi authorities know that France is opposed, in all settings and circumstances, to the death penalty, and that it demands that death sentences are not applied," it said.
Iraqi law stipulates the death penalty for anyone joining a “terrorist group” – even those who did not take up arms. Prime Minister Adil Abdul-Mahdi claimed last week that the reversal or downgrading of a sentence from the death penalty was beyond his control.
Paris has said that transfers occur on the basis of a bilateral agreement between the Kurdish-majority Syrian Democratic Forces (SDF), which control northeast Syria, and Iraq.
France and other European countries have been implored to take back and trial those suspected of ISIS involvement.
Overwhelmed by the volume of suspected ISIS fighters being tried and detained in northern Syria, the Kurdish-led administration have made repeated calls for suspected ISIS fighters to be tried internationally. US President Donald Trump has also said European nationals suspected of fighting for ISIS should be tried in their home countries.
European countries have, however, strongly resisted the repatriation of nationals suspected of joining ISIS.
Callamard hit back at the French foreign ministry’s statement in a series of tweets on Monday, condemning the “regrettable and shocking” stance adopted by the French authorities, who she said should be upholding the principles of a human rights institution it helped put in place 70 years ago, namely the United Nations.
“In response to my allegations of the illegal transfer of presumed Islamic State members, Quai d’Orsay [location of the foreign ministry] have attacked my work method.”
“There is nothing that deviates from protocol” in her investigation, Callemard asserted.
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