Court rules Bern must re-examine members of Islamic State’s repatriation requests

Convicted Islamic State fighters face the death penalty in Iraq. Keystone-SDA

The Swiss foreign ministry must reconsider the repatriation request of an Islamic State fighter who is believed to be detained in Iraq, the Federal Administrative Court has ruled. The Swiss man faces the death penalty.

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The French-speaking man travelled to Syria in 2015 and is believed to have joined the Islamic State (IS) terrorist group. In mid-2019, he was arrested and imprisoned by the Syrian Democratic Forces (SDF), a military alliance led by Kurdish units in northern and eastern Syria.

In September 2025, the Swiss foreign ministry rejected a request for his repatriation, said the court ruling published on Thursday.

The court noted that, in principle, there is no right to consular protection in such a case and Switzerland may refuse or restrict the provision of assistance. This is possible, in particular, where the foreign policy interests of the Alpine country or the interests of certain persons are at risk.

Life, physical integrity in danger

In accordance with the legal provisions, a refusal of consular assistance is also possible if a person has acted negligently. However, this does not apply in cases where a person’s physical integrity and life are at risk.

The Swiss foreign ministry must now assess whether this is the case following the transfer of the man from Syria to Iraq. Beginning in January, American forces transferred suspected IS members from SDF detention centres in Syria to Al-Karkh Central Prison in Baghdad, the court stated.

These individuals are to be tried in Iraq. Various media outlets have reported that three Swiss nationals were among the prisoners transferred. Under Iraqi anti-terrorism law, those involved in terrorist acts or those who support them face the death penalty.

Translated from French with AI/gw

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