A German court has found the government isn't responsible for repatriating a citizen imprisoned by Syrian Kurds on suspicion of joining the "Islamic State." The ruling was based on a technicality.
The German government is not required to repatriate one of its citizens believed to be imprisoned by Syrian Kurdish forces on suspicion of being a member of the "Islamic State" (IS), a Berlin administrative court ruled Tuesday.
The German national, who was born in 1992, allegedly left for Syria with his brother five years ago to join the terrorist group.
The lawyer representing the alleged jihadi's father had requested that Germany repatriate the man on the grounds that he could face torture or the death penalty if handed over to the Syrian government or Iraq.
However, the administrative court rejected this argument on technical grounds. It said the father lacked power of attorney or documentation that the imprisoned suspect had requested his father pursue litigation.
In addition, the court dismissed the demand for his return as "something impossible" because the man's exact whereabouts were unknown and it was not clear that he was in the custody of Syrian Kurdish forces.
The court also ruled not to carry out an emergency waiver because the son is said to have renounced his father and both are not allegedly in contact with one another, making it difficult to determine whether the father had in fact filed the case in the interest of his son.