UPDATE Turkish Court Repeals Decision to Hand Over the Ezidi Girl to ISIS-family
After public backlash regarding the decision to assign the guardianship of the Ezidi girl under state protection to an ISIS-family, has been reversed. The guardianship has now been revoked from the ISIS-family, and a lawyer will be appointed by the bar to assume guardianship duties.
The Ezidi girl, who was abducted by ISIS militants and later rescued in a police operation after being found for sale on the dark web, had her guardianship granted to the wife of Sabah Ali Oruç’s brother, an ISIS member facing charges for international human trafficking. This decision drew widespread public outrage.
The 8th Civil Court of Peace in Ankara has annulled the guardianship decision. The court sent a letter to the Ankara Bar Association requesting that an attorney be appointed to represent the child.
Custody Case
Since her rescue in February 2021 by police from ISIS militants, our ongoing coverage has followed the legal process of the Yazidi girl. According to our report, ISIS members attempted to gain custody of the child by filing a lawsuit at the 19th Family Court of Ankara in 2022, claiming she was Muslim and that her family had adopted her in Iraq. They argued that a translation error during a raid by the Ankara Counter-Terrorism Unit led to the child being taken into state protection.
However, the court determined that the individuals who filed the lawsuit had lied in their statements. The 19th Family Court rejected the custody claim, declaring that the individuals were members of a terrorist organization and that the child, being Yazidi, had been taken as war spoils.
After losing the custody case, the ISIS affiliates took their case to the 8th Civil Court of Peace in Ankara, where, on March 16, 2023, the court ruled to grant the guardianship to the ISIS-affiliated family. Under this ruling, the guardian appointed was Saibe Adnan, the wife of Oruç’s brother, who had been an ISIS governor in Iraq and was killed there.
This decision sparked a public outcry. Since then, the 8th Civil Court of Peace in Ankara reversed its decision. The court instructed the Ankara Bar Association to appoint an attorney for the Ezidi girl. The lawyer is expected to be appointed within a few days and will play a crucial role in advocating for decisions in the child’s best interests. The appointed lawyer will also be responsible for making decisions in the child’s favor once the guardianship is formalized, and will meet with the child in person.