Belgian Court Rejects Mother’s Lawsuit Over Son’s Radicalization and Syria Departure

Ismaïl, 16, close to the preacher convicted of terrorism, his association "Resto du Tawhid" and his classmate from Athénée Fernand Blum in Schaerbeek, had left Istanbul to join Syria. Having had no news of her son since 2017, the mother of the teenager had initiated a liability action against the Belgian state in 2019, accusing it of not having prevented the departure of her radicalized son to Syria. But the court dismissed her.

"The mere fact that Ismaïl, among other young people, frequented a mosque and a charity, two institutions under surveillance, suspected of a recruitment channel that would be led by Jean-Louis Denis, is not enough to establish that the Belgian state knew or should have known that there was a risk of Ismaïl’s recruitment by Jean-Louis Denis, or knew that the young boy was preparing a departure for Syria," the judge appreciates.

"Mrs. also states that she asked the police services to place her son under surveillance. But she does not submit the slightest evidence of such a request," he continues. For the judge, the fact that Ismaïl and his friend were not intercepted is explained by the fact that in 2013, unaccompanied minors only had to produce their plane tickets and identity cards to cross the border. "No parental authorization was required to travel, the presence of an adult being sufficient," he specifies.

Ismaïl’s mother intends to appeal.