The question was debated on Tuesday morning by members of the Justice and Foreign Affairs Committees, in the presence of the ministers concerned, namely Sam Tanson and Jean Asselborn.
The topic of the debate was the legal situation of jihadist fighters of foreign nationality incarcerated in Syria, and more specifically, the case of Steve Duarte, latterly of Meispelt, who was arrested in Syria.
The Minister of Foreign Affairs said that since the Turkish offensive in Syria, the Luxembourgish government had not received news of the Portuguese national detained in a Syrian prison.
Given current geopolitical developments, Minister for Justice Sam Tanson said they had to prepare for an eventual return, saying if Duarte crossed the Luxembourg border of his own free will, the government would need to act. Preparation is underway for this possibility.
An international arrest warrant has been issued against Duarte. This would provide the means to take him to Schrassig and then to trial, according to LSAP MP Marc Angel, president of the Foreign Affairs Committee.
The Luxembourg government and the CSV party expressed support for the idea of an international tribunal in Iraq. The CSV too. However, the opposition queried whether Schrassig prison possessed adequate means to contain a jihadist.
MP Laurent Mosar felt it was imperative to avoid a return, saying it was not a case of "an amateur photographer or a pizza maker, but a terrorist".
Pirate Party MP Sven Clement was adamant that Duarte should not be underestimated, due to serious doubts about the truth of his statements.
ADR MP Fernand Kartheiser queried a potential responsibility on behalf of the Portuguese state, as Duarte is a Portuguese national.
Kartheiser said the government needed to see if there was responsibility in Portuguese criminal law, by the fact that Duarte has freely engaged in an irregular army.
For the moment, Duarte is the only person for whom the question applies. A working group will meet regularly to assess the risks and take action if necessary.
