Eleven French jihadists, originally sentenced to death in 2019 and later to life imprisonment in Iraq, are seeking to serve their sentences in France. A Paris magistrate is investigating allegations of torture and inhumane treatment against at least two of them. Lawyers argue for fair trials, while unprecedented investigations initiated in December 2023 offer hope for their cases. Conditions in Iraqi prisons are dire, raising concerns about their treatment, as French authorities have yet to respond to repatriation requests.
Initially condemned to death in 2019, eleven French jihadists currently serving life sentences in Iraq are seeking to serve their time in France. Meanwhile, an investigating magistrate in Paris is looking into accusations of torture involving at least two of these individuals.
The Paris court’s Crimes Against Humanity division is examining cases of torture, inhumane treatment, and arbitrary detention, confirmed the National Anti-Terrorism Prosecutor’s Office (Pnat) to AFP. ‘We cannot allow French citizens to endure harsh prison conditions, regardless of the severity of their alleged offenses,’ stated Richard Sédillot, the lawyer representing the plaintiffs Brahim Nejara and Vianney Ouraghi. ‘I’m not calling for their immediate exoneration, but it’s crucial they be tried under fair circumstances, not in a rushed manner without legal representation. An investigation and a trial must occur in France,’ he emphasized.
Significant Investigations Underway
These notable investigations commenced in December 2023. A civil complaint lodged in September 2020 took considerable time to advance. Initially, the courts opted not to proceed with inquiries, but Sédillot’s appeal successfully prompted the investigations. This development has raised hopes for four additional jihadists who have also filed complaints.
To continue these inquiries, judges are seeking ways ‘to interrogate the suspects without infringing upon their rights’ and have ‘negotiated with the Iraqi authorities to allow lawyers to be present.’ A judicial source highlighted that while judges proposed interviews under assisted witness status, multiple detainees firmly declined through their legal representatives. ‘To go and speak with them knowing the conditions they are in is to accept those circumstances. How can one dare to interrogate a person under such inhumane treatment and then return to Paris as if nothing transpired?’ questioned Marie Dosé, another lawyer representing a jihadist. However, some detainees have consented, leading to one interrogation in December 2023.
Uncertain Fate of the Detainees
In late 2023 and February 2024, four lawyers visited Al-Rusafa prison. Their confidential conversations with clients led to the drafting of two concerning reports, which were submitted to French judicial authorities and shared with AFP.
The detainees are crammed into ‘cachots’, with over 120 men per room, limited to one shower and two toilets, where ‘bodies dehydrate rapidly’ due to ‘suffocating heat.’ They receive only ‘one and a half liters of water daily for drinking, personal hygiene, and washing dishes.’ The only recreation provided is a brief walk, twice a week, in a ‘courtyard so cramped it’s nearly impossible to walk.’
Despite numerous inquiries, neither the Ministry of Foreign Affairs nor the Ministry of Justice has responded to AFP regarding the situation of these detainees. ‘Transfer is standard, yet French authorities are deviating from this practice without cause,’ remarked Me Chirine Heydari-Malayeri, who is representing one of the men. Both Georges Salines and Arthur Dénouveaux, representatives of victims’ associations, expressed to AFP their desire for repatriation to ensure ‘greater transparency‘ in the investigations.
An official from the Iraqi Ministry of Justice informed AFP that ‘no official requests have been received from French authorities.’ A senior security official indicated that Iraq intends to repatriate ‘over 500 women’ detained in the country, a group comprised of nationals from various countries, including Turkey, Syria, and Tajikistan. ‘The fate of the men remains undecided,’ the official concluded.