France: prefectures try to deport two Syrians to Syria

Press Release by Amnesty International France, La CIMADE and Revivre

Paris, 5 January 2023 – While diplomatic relations between France and Syria have been officially severed since March 2012, and war and unrelenting oppression continue to ravage the country, in October 2022 two prefectures tried to deport two people to Syria, taking steps with the Syrian embassy in France.

Condemning these scandalous attempts, illegal under international law, which come two years after the disastrous deportations of Chechen refugees to Russia, our organisations call on the French government to clarify its position by reminding prefectures of France’s international obligations, which absolutely prohibit the return of a person to a country where they are at risk of death, torture and other ill-treatment (principle of non-refoulement). 

In October 2022, two people claiming to be Syrian nationals were detained in the administrative detention centres (CRA) in Toulouse and in Mesnil-Amelot by the Haute-Garonne prefecture and the Prefecture of Police in Paris, in order to be deported to Syria.

In doing this, the French authorities knowingly violated international and European laws, which absolutely prohibit the return of a person to a country where they risk torture and ill-treatment.

According to information in the two deportation files, seen by La Cimade and Amnesty International France, emails were exchanged between the French prefectures and Syrian consular authorities. The Syrian embassy in France was contacted by the two prefectures in order to inform them that these two people were being detained at the CRA and that they were subject to a deportation order, but also to request consular recognition with the aim of issuing a pass to allow removal to Syria. In both cases, the Syrian embassy responded that since there was no valid identity document, no pass could be issued. It was therefore the refusal of the Syrian embassy that prevented the deportation requested by the French authorities.

In the case of the Syrian national detained in the Mesnil-Amelot CRA, the contact was noted by two judges, who considered that these steps justified keeping him detained in order to proceed with the deportation.

Not only did the two prefectures notify the Syrian authorities of the presence of these people in the CRA and of their identities without any consideration of the risks that they might face from these same authorities in the event of their return to their country, but the judges also saw no problem in this, despite documented recent examples of murders, disappearances and torture of refugees who have recently returned to Syria, while war and repression continue to ravage the country.

For example, in its report entitled "You’re going to your death" published on 7 September 2021 [1], Amnesty International documented a long list of human rights violations committed by Syrian intelligence officials against 66 returnees, including 13 children. Among these violations, were five cases in which the detainees died in detention after being returned to Syria, while the fate of 17 victims of forced disappearance remains unknown. Others were subjected to torture, including sexual torture.

This report demonstrated that refugees returning to Syria after fleeing are at risk of persecution, not because of their particular profile but simply because they sought refuge abroad.

 The two refugees threatened with deportation were finally freed by the liberty and detention judge, but are still at risk of being deported to Syria, since their OQTFs (Obligations to Leave the French Territory) are still in force. At a time when some European countries such as Denmark have taken measures to pave the way for deporting Syrians, France should loudly proclaim its commitment to the Geneva Convention: France must not detain nor attempt to deport any person to a country where they would be at risk of torture, inhuman or degrading treatment, and where their life or liberty would be threatened.

This is why we are calling on the French government to condemn these practices and to repeal the two OQTFs; to clearly and publicly restate France’s international obligations and to implement the necessary measures to ensure that prefectures apply these obligations.

[1] Amnesty International, “You’re going to your death”: Violations against Syrian refugees returning to Syria”, 7 September 2021.

Online: https://www.amnesty.org/en/documents/mde24/4583/2021/en/