The Supreme Court of Denmark is today reviewing a significant case regarding the evacuation of an eight-year-old Danish boy who, along with his mother, has been held in the Syrian detention camp Al-Roj for five years. The boy’s lawyer, Christian Dahlager, argues that the state should take responsibility and bring both the boy and his mother back to Denmark. During the court session, Dahlager emphasized the need for a comprehensive solution that would allow for the boy’s release along with his mother to ensure an effective and humane resolution to their situation.
Should the Supreme Court determine that there is no legal basis for repatriating the mother and child together, the lawyer suggests that the case be referred back to the Ministry of Foreign Affairs (Udenrigsministeriet) for further consideration. The organization “Repatriate the Children – Denmark” (Repatriate the Children – Danmark), which represents the boy and his mother, has criticized the authorities’ handling of the situation and accused the state of failing children by not bringing them home with their mothers. This criticism has led the organization to sue the Danish state.
The case has previously gone through several legal instances. Initially, the principles of the case were tested in district court in December 2022, where two women and three children sued the state. At that time, the state was upheld. This decision was later confirmed by the High Court (landsret) in December of the previous year. In the meantime, however, one of the women and her two children managed to return to Denmark.
It remains to be seen what decision the Supreme Court will reach and whether it will result in a change in the state’s policy regarding the repatriation of Danish citizens from conflict zones.