The six children of IS-players Tatiana Wielandt (26) and Bouchra Abouallal (25) need not to Belgium to be repatriated. That has the Brussels court of appeal decides. The Brussels court had in the first instance have said that the children recovered had to be, but the Belgian government went against it in appeal and has now been given. According to minister of Justice Koen Geens (CD&V) remains however, the government efforts to protect children up to 10 years to return to Belgium to pick up, such as in december 2017 was decided. “Children can never be guilty of the deeds of their parents,” he says.
The two’S-widows and their children were in 2013 have already been evacuated from Syria. After the two women in Antwerp had just given birth, they departed again with their children to the battlefields there. In march 2018, they were by the Antwerp criminal court in absentia to five years in prison when sentenced. Both women are at the beginning of this year again gave birth, so in the meantime, about six children, of whom the oldest is 5 years old and the youngest just 2 months. The mothers sit with their children in the Kurdish camp, Al-Hol.
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In a first interlocutory proceedings, both the court of first instance and the court of appeal ruled that the Belgian state was not required the children to return home. According to the judges exercise the Belgian state does not have any authority or control in the prison camp where the group will be staying and attacked the women and their children are not under the jurisdiction of our country. the
The lawyer of the two women commenced a second summary proceedings, and this time ordered the judge, “the Belgian state to take all necessary and possible measures to take in order to six minor children from Syria to Belgium to be able to travel.” Moreover, there were also the mothers can return to Belgium.
The Belgian government went against the decision in appeal. “The court of appeal has the claim of the two mothers, as inadmissible, because that is identical to the claim that they have set and which was rejected by judgment of the court of appeal of Brussels of 12 september 2018″, announces the persmagistraat of the Brussels court of appeal today.
Government
That was the main reason for the appeal of the government: that the question of the repatriation of the children earlier by the court was treated, and both in first instance and appeal was rejected. “The rules provide that cases that were previously advocated were with the same requirements and the same arguments no longer could be considered for a new legal procedure or for a new judgment,” says Geens.
