A/HRC/40/70
intensity of aerial and ground attacks and described an unfolding catastrophic humanitarian
situation. By 13 September, and only days after the Hajin offensive commenced, up to
1,400 individuals fled bombardments and were rounded up and confined by SDF in a
makeshift camp in Hajin (see para. 44 above), amounting to de facto detention from the
moment of capture. The camp was established only two kilometres from the combat zone,
in violation of international humanitarian law. 42 Indeed, humanitarian access to the camp
was severely curtailed due to hostilities and the unstable security situation. As a result, the
majority of encamped individuals, comprising women and children, including ISIL family
members, lacked access to adequate food and potable water and received only minimal
medical care. The preventable deaths of at least three children owing to these conditions
were documented. Furthermore, most of the residents in the camp possessed no
recognizable civil documentation and, like those in the Rukban camp (para. 88), were
effectively stateless.
91.
In September, 7,000 civilians were displaced from Hajin to SDF-controlled areas,
where they stayed in makeshift camps near Kharayij and Abu Khashab towns and al-Bahara
village without health-care services and with only minimal humanitarian assistance from
SDF. Exposure to the elements, including torrential rains causing flooding, aggravated their
situation. SDF denied camp residents freedom of movement, unless they paid bribes,
ranging from $700 to $1,200.
92.
The question of the lawfulness of their confinement notwithstanding, at all times
those detained in camps administered by SDF were entitled to conditions of detention that
respected their inherent dignity. Furthermore, all detained displaced persons had the right to
an adequate standard of living, including the rights to food and water, as well as the right to
health. 43 By failing to provide adequate food, water and living conditions to encamped
persons in Kharayij, Abu Khashab and al-Bahara camps, SDF continues to violate these
rights. The failure to provide appropriate medical care or assistance to encamped residents
also constitutes a violation of the prohibition of cruel, inhuman or degrading treatment, 44 as
well as the right to health.
93.
By October, up to 10,000 Syrian women, men and children remained trapped in
Hajin, living under near-constant bombardment without access to adequate food or
medicine. When a humanitarian corridor was opened leading from Hajin into SDFcontrolled areas on 5 December, up to 1,300 people, predominantly women, children and
elderly persons, managed to flee.
VII. Ongoing investigations into chemical attack
94.
The Commission received information concerning an alleged chemical attack in
Aleppo at approximately 9.50 p.m. on 24 November. Affected areas are said to have
included Jamiyet al-Zahraa and Khalidiyyeh neighbourhoods. Up to 100 civilians were
reportedly injured. One person reported having smelled chlorine and required treatment for
inhalation. Investigations are ongoing.
42
43
44
18
Customary International Humanitarian Law, rule 121, noting that “persons deprived of their liberty
must be held in premises which are removed from the combat zone and which safeguard their health
and hygiene”.
See United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules), rules 24–26. At the very least, the minimum core of these obligations applied irrespective of
the economic situation or budgetary considerations of the detaining power, and therefore SDF could
not wholly transfer these obligations onto humanitarian organizations. See, e.g., Mukong v. Cameroon
(CCPR/C/51/D/458/1991), para. 9.3; and Inter-American Commission on Human Rights, Leroy
Lamey et al. v. Jamaica (case Nos. 11.826, 11.843, 11.846 and 11.847), decision of 4 April 2001,
para. 203.
See European Court of Human Rights, Keenan v. the United Kingdom (application No. 27229/95),
judgment of 3 April 2001, para. 111; Inter-American Court of Human Rights, Tibi v. Ecuador,
judgment of 7 September 2004, para. 157; African Commission on Human and Peoples’ Rights, HuriLaws v. Nigeria (communication No. 225/1998), decision of 6 November 2000, para. 41.
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