“France is guilty of violating the principle of non-refoulement”, says the president of Amnesty International France

For the first time since the Taliban returned to power, a man has been sent back to Afghanistan. The man had been sentenced in November 2020 for apologizing for terrorism for having praised the assassination of Samuel Paty.

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Jean-Claude Samouiller, president of Amnesty International France, on March 27, 2023 in Paris.  (MOHAMED BADRA / EPA)

“His words are unspeakable, but we cannot send someone back to a country where he risks his life”, declares Jean-Claude Samouiller, president of Amnesty International France, guest of franceinfo Wednesday, April 19. According to information from franceinfo, a man convicted of apologizing for terrorism was sent back to Afghanistan in March, a first since the return to power of the Taliban. This Afghan was sentenced to eighteen months in prison in 2020 for having defended the assassination of Samuel Paty.

franceinfo: Can we say that France has crossed a “red line” with this referral?

Jean-Claude Samouiller: France is guilty of violating the principle of non-refoulement. And this is a major principle in international law. It is forbidden for any State to return a person to a country where he risks serious persecution, his life or torture. France violated this principle. Especially since the situation in Afghanistan is completely deleterious. His words are unspeakable, we do not defend them, but we cannot send someone back to a country where he is risking his life.

Do you fear other returns to Afghanistan?

There is Afghanistan of course, but there are all the countries that are in major crisis. We are very vigilant about returns to Afghanistan, but also about returns to Iran. We know that some people have been subject to an OQTF and placed in an administrative detention center in preparation for deportation.

“We are very vigilant to prevent this kind of deportation. We had before the war in Ukraine documented the deportation of Chechens to Russia, as well as the deportation of Syrians to Syria. The vigilance is the same as in previous years, it is a permanent vigilance on the respect of this fundamental right.

Jean-Claude Samouiller, President of Amnesty International France

at franceinfo

What recourse do associations like Amnesty International have in a contentious case like this?

It is essentially to alert public opinion and political leaders, and we also have the opening of litigation in the administrative court to precisely prevent these dismissals which are illegal. It is really important that the justice system prevent these dismissals which are absolutely illegal.


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