Press release regarding judgment F-7440/2025
A suspected IS member may be in Iraq
A Swiss national and suspected IS member who was detained in northern Syria may have been transferred to Iraq. The Federal Department of Foreign Affairs must reassess the situation before ruling again on his application for repatriation to Switzerland.
The Consular Directorate must reassess the detainee's application. (Picture: Keystone)
In 2015, a Swiss national travelled to Syria where he is presumed to have joined the Islamic State (IS). In mid-2019, he was arrested and detained by the Syrian Democratic Forces (SDF). He subsequently applied to the Consular Directorate (CD) of the Federal Department of Foreign Affairs (FDFA) for repatriation to Switzerland under consular protection. In September 2025, the CD rejected his application, subject to further on-site support. The applicant lodged an appeal against this decision with the Federal Administrative Court (FAC).
Change in underlying circumstances
Following the change in the distribution of power in northern Syria, detainees from the local SDF prisons were transferred to Iraq in February 2026. The appellant is presumed to have been among them. In Iraq he could face the death penalty. Considering the change in underlying circumstances, the FAC refers the matter back to the lower instance for reassessment.
This judgment may be appealed to the Federal Supreme Court.
Contact
Rocco Maglio
Press secretary