A/HRC/40/70
61.
In areas under the control of Hay’at Tahrir al-Sham, its “salvation government” has
been increasingly undertaking activities aimed at taking over the provision of services,
including education. The Commission has previously documented how, as early as August
2017, members of Hay’at Tahrir al-Sham began circulating decrees throughout schools in
areas they controlled, demanding that women and girls over the age of 9 years wear a black
or dark brown jalabiya, a wide-cut, loose-fitting garment, when venturing outdoors. They
could not wear dresses with bright colours, and had to cover their hair. Female students
who did not follow the dress code have been banned from attending classes, while others
have reportedly been beaten by female Daiyaat (Hay’at Tahrir al-Sham morality police).
Such edicts demonstrate discriminatory treatment on the basis of sex, in breach of
international human rights norms. 25
62.
Elsewhere, the terrorist group continues to recruit and use children – including many
from families that are unable to support them financially – to operate checkpoints, such as
in Bab al-Hawa, Ma’arrat al-Nu’man and Saraqib. The inability of educational institutions
throughout Idlib to provide quality education, frequent targeting of those institutions by
pro-government forces, 26 the lack of recognition by the State of educational certificates
provided by armed groups and the low income of pupils’ families have further fuelled
recruitment and use of children by Hay’at Tahrir al-Sham throughout the governorate. The
Commission finds that Hay’at Tahrir al-Sham continues to commit the war crime of
conscripting or enlisting children under the age of 15 into its armed forces or groups, and
using them to participate actively in hostilities. 27
Aleppo Governorate
63.
As in Idlib, residents throughout the Afrin District of Aleppo consistently described
a general absence of the rule of law, with parties in control either unwilling or unable to
provide effective redress or, in some cases, extorting bribes from victims in order to do so.
Despite changes in administrative, judicial and executive structures in Afrin (see paras. 69–
70 below), residents noted how armed groups exercising de facto control over sub-districts
lacked discipline and were often involved in pillaging, arbitrary detention and abduction.
The Commission was unable to determine whether Turkish authorities were able to control
such conduct.
Detention, abductions and torture
64.
Owing to the lack of an effective security apparatus and attendant absence of the
rule of law, the most common violations perpetrated in Afrin involved frequent abductions
by armed groups and criminal gangs. As in Idlib, numerous physicians, pharmacists and
other civilians perceived as affluent or their children were abducted for ransom. In some
instances, individuals were re-abducted after having been released. Victims were often
unable to identify their abductors, referring instead generally to armed groups, Free Syrian
Army affiliates or criminal gangs. Demands for ransom ranged from a few hundred dollars
to $100,000, or more.
65.
Strikingly similar circumstances surround the extensive pattern of abductions for
ransom by armed groups and criminal gangs in Idlib and Afrin that were corroborated by
the Commission, possibly indicative of similar underlying motives (see para. 53 above).
Victims and their families in Afrin reported such cases to military police, civilian police
and Turkish authorities, with little to no effect.
66.
Numerous cases involving arbitrary arrests and detentions by armed group members
also included credible allegations of torture and ill-treatment, often targeting individuals of
Kurdish origin, including activists openly critical of armed groups and those perceived to
25
26
27
See “‘I lost my dignity’: Sexual and gender-based violence in the Syrian Arab Republic”, conference
room paper (A/HRC/37/CRP.3), footnote 6.
See, e.g., “Human rights abuses and international humanitarian law violations in the Syrian Arab
Republic, 21 July 2016–28 February 2017”, conference room paper (A/HRC/34/CRP.3), paras. 20–
31.
Customary International Humanitarian Law, rule 156.
13
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