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Isis suspected terrorist Suhayra Aden, right, is escorted to court by a Turkish police officer. Photo / Getty Images
By Jane Patterson for RNZ
It seems increasingly likely that the New Zealand woman accused of being an Islamic State terrorist will end up here with her two children, as negotiations over her fate continue.
Suhayra Aden, 25, and her children are being held at a deportation center in Turkey after trying to illegally cross the border from Syria.
A Turkish Foreign Affairs source has characterized the message from New Zealand officials as: “We will come and take her. Give us some time due to the Covid-19 threat,” according to RNZ correspondent Vehbi Bas.
Aden acquired dual citizenship after moving to Australia when he was 6 years old and from there he traveled to Syria in 2014, with an Australian passport, to join the Islamic State.
That led to Australia taking away his citizenship last year, infuriating New Zealand.
The Ministry of Foreign Affairs (MFAT) said: “Nothing has been agreed or determined yet.
“As the woman involved in this case is a New Zealand citizen, we continue to work with the Turkish authorities on practical matters.”
Those practical matters could include traveling here from Turkey; This is most likely a commercial flight and would have to be accompanied by New Zealand law enforcement officers.
Arrangements would also have to be made for two weeks of isolation at the border, safe enough to convince the public that she poses no risk.
His case sparked a diplomatic dispute with Prime Minister Jacinda Ardern accusing Australia of “abdicating” its responsibility.
There is no set deadline for Aden’s possible return to New Zealand, but there is an expectation that the situation will be resolved anyway within the next month or so.
About three weeks ago, RNZ reported that Turkey had dropped the charges against him and had started deportation proceedings.
Ardern has made it clear that the involvement of two children would greatly influence New Zealand’s response, but national security would still be paramount.
In its statement, MFAT also said, as there was “previously [been] clarified, New Zealand is discussing with Australia how this case should be handled. “
“This includes the question of where the women and children will end up.”
Ardern spoke to Morrison the night he publicly whipped him and said that recently officials on both sides of the trench were working on a possible solution after the joint statement by the leaders: “Regardless of the steps taken in this case to date , both New Zealand and Australia acknowledge that this case now has a number of complexities, “committing to work together in the” spirit of relationship. “
The reality is, unless there is a sudden change of mind on Australia’s part, Aden and his children are New Zealand’s responsibility through their sole citizenship and that is where they will end up.
Terrorism laws in force
The correspondent Bas also cites a source at the Istanbul police headquarters as saying that Aden had not been questioned by the Turkish counter-terrorism police, which meant that investigations or trials would take place wherever she ended up.
There has been a wave of anti-terrorism laws passed in New Zealand since the early 2000s; first in reaction to the 911 attacks, and then when ISIS took over the Middle East and waged attacks around the world. The most recent was a law that gave the government the ability to track and manage those returning from foreign conflicts suspected of terrorist activities.
The Suppression of Terrorism (Control Orders) Act 2019 was rushed through when New Zealander Mark Taylor appeared in Syria.
It gives authorities the ability to preventively track and monitor people, but under strict thresholds, including the fact that they pose a “real risk of engaging in terrorism-related activities.”
When deciding whether to impose an order, a High Court judge must consider that it is necessary to “protect the public from terrorism” and “support the reintegration of the person in question in New Zealand”.
While there is a long list of restrictions: being in certain places, not leaving the country, not associating with certain people, along with requirements such as registering with the police and taking fingerprints, there is no specific reference to detaining someone on your behalf. arrival.
Under the Suppression of Terrorism Act of 2002, you can be jailed for up to 14 years for knowingly “participating in a terrorist group”, even if it happened abroad; but that depends on the crimes being proven through the New Zealand court system.