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Addressing the issue of Daesh foreign fighters and their families returning from Syria and other countries to the member States of the Council of Europe

Amendment No. 10 | Doc. 15591 | 23 January 2023

Signatories:
Mr Emmanuel FERNANDES, France, UEL ; Mr Kriton-Ilias ARSENIS, Greece, UEL ; Ms Laura CASTEL, Spain, UEL ; Ms Reada CRONIN, Ireland, UEL ; Mr Paul GAVAN, Ireland, UEL ; Mr Andrej HUNKO, Germany, UEL ; Mr George KATROUGALOS, Greece, UEL ; Mr Frédéric MATHIEU, France, UEL ; Mr Marco NICOLINI, San Marino, UEL ; Mr Hişyar ÖZSOY, Türkiye, UEL ; Ms Anne STAMBACH-TERRENOIR, France, UEL
Origin
2022 - Fourth part-session
In the draft resolution, paragraph 11, replace the last three sentences with the following words:

"In the best interests of the child, States should give priority consideration to the repatriation of children of foreign fighters to the State of which they are nationals to live with their family members. While protecting children from phenomena of radicalisation, States must guarantee the preservation of the right to family life enshrined in Article 8 of the European Convention on Human Rights (ETS No. 5), without prejudice to the ability of the courts of the member States to assess whether maintaining the right to family life is compatible with the interests of the child, or whether the children must be temporarily or permanently separated from their parents in accordance with the second paragraph of the Article 8 of the European Convention on Human Rights (ETS No. 5)."

Explanatory note

While the rapporteur insists on the necessary reintegration of prisoners, he strongly opposes the right to family life. However, we know that maintaining family ties during incarceration contributes greatly to the ability of prisoners to reintegrate in the future.