A/HRC/40/70
55.
Also in September, a man received two written warnings from the self-styled
“Salvation government” of Hay’at Tahrir al-Sham, requesting him to report to a particular
police station. The warnings did not state the reason for his summons, though he later
learned that Hay’at Tahrir al-Sham implemented proceedings against him through the
“ministry of justice” and the “office of the prosecutor” of the “Salvation government”, in
relation to posts he had made online in which he criticized the situation in Idlib with regard
to the provision of services, security, the spate of recent abductions and other issues for
which he believed Hay’at Tahrir al-Sham bore responsibility.
56.
Pursuant to its ideology, Hay’at Tahrir al-Sham officially denounces democracy and
secularism, and arrests and detains those civilians who speak out against its fragile rule. In
continuation of a pattern documented by the Commission since October 2014,23 journalists,
activists and other civilians deemed to be violating the group’s stringent interpretation of
Islamic law (sharia) are routinely detained arbitrarily, tortured and subjected to ill-treatment
while in detention facilities known to be operated by the group, including in Ouqab and
Harim prisons. The Commission also received information that a Hay’at Tahrir al-Sham
emir heading the Jabal al-Zawiya branch of Ouqab prison was responsible for detaining
activists in Kafr Nubl, indicating an organizational policy.
57.
The Commission notes that the mass arbitrary detention of political dissenters
perpetrated by Hay’at Tahrir al-Sham terrorists constitutes a systematic attack directed
against a civilian population. There are reasonable grounds to believe that Hay’at Tahrir alSham is perpetrating the crime against humanity of persecution on political grounds. The
Commission also notes that, in instituting makeshift courts whose procedures fall far short
of fair trial standards, Hay’at Tahrir al-Sham routinely violates the principles of due
process24 and seriously contravenes international human rights norms.
Education and children
58.
Up to 3 million Syrian women, men and children in Idlib Governorate continue to
live under the control of armed groups and the terrorist umbrella of Hay’at Tahrir al-Sham,
the vast majority of whom endure the absence of a centralized system of governance able to
meet their most pressing daily needs. Economic hardship, moreover, often forces families,
and in particular female-headed households, to remove their daughters from school and
marry them off. Children in Idlib remain disproportionately affected, also by the lack of
services.
59.
In areas under the control of armed groups local councils and structures of the
opposition’s “interim government”, including schools, remained functional, despite
numerous challenges. There are currently some 24,000 teachers working in schools
throughout Idlib, which are managed by the “education directorate” of the interim
government, approximately half of whom receive their salaries from the national
Government. In order to obtain their salaries, teachers are forced to go to the Directorate of
Education in Hama Governorate. Dozens have been arbitrarily arrested and detained during
the process, however, including at government-controlled checkpoints in Qal’at al-Madiq
(Hama) and Abu al-Zuhur (Idlib).
60.
Lamentable decreases in international donor funding during the period under review
also had a disproportionate impact on schools throughout Idlib, specifically limiting the
possibility of repairing infrastructure damaged by hostilities and purchasing vital
equipment, books and stationery. Some 375 schools in Idlib have closed since 2011 due to
the hostilities, increasing the pressure on the remaining schools, which are overcrowded by
the influx of tens of thousands of children forcibly displaced to Idlib in the first half of 2018
(A/HRC/39/65, para. 86). During the period under review, the average number of students
per class in areas held by armed groups was estimated to be between 50 and 70, as against
25 prior to the influx of displaced pupils in 2017.
23
24
12
In its previous incarnation as the Al-Nusra Front (or Jabhat al-Nusra), Hay’at Tahrir al-Sham
perpetrated the same pattern of arbitrary detentions dating back to 2014.
Customary International Humanitarian Law, rule 100.
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