A/HRC/37/72
16.
The de facto Kurdish self-administration and SDF moreover sought to rely on
humanitarian aid from non-governmental organisations as well as the United Nations to
sustain their internment camps. The aid received however continues to be vastly insufficient
to support the soaring numbers of internally displaced persons received from Raqqah and
Dayr al-Zawr. Notwithstanding the lawfulness of their detention, at all times internees were
entitled to conditions of detention which respected their inherent dignity. All internees
further had the rights to an adequate standard of living, which includes the rights to food
and water, as well as the right to health. 9 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 the SDF could not wholly transfer these obligations onto
humanitarian organisations. 10 By failing to provide adequate food, water, and living
conditions to any internees, SDF continue to violate these rights in Mabrouka, al-Sad, and
Ain Issa camps.
17.
The Commission is aware of infirm civilians from al-Sad, Mabrouka, and Ain Issa
Cotton Factory camps having been granted medical evacuations only when they paid for
them, while SDF actively denied urgent requests for such evacuations in certain instances.
In other cases, strict bureaucratic procedures imposed by SDF prevented civilians from
being able to medically evacuate when most needed. The failure to provide appropriate
medical care or assistance to internees constitutes a violation of the prohibition of cruel,
inhuman, or degrading treatment, 11 as well as the right to health. Once vetted and cleared,
the additional burden of requiring all individuals and families to locate a “guarantor” prior
to leaving the camps towards Kurdish and FSA-held areas constitutes a denial of freedom
of movement. Finally, SDF soldiers extorting money from individuals prior to allowing
them to leave al-Sad and Mabrouka similarly amounts to a denial of freedom of movement.
18.
Though the responsibility to provide food, water, and adequate living conditions to
persons displaced from Raqqah and Dayr al-Zawr governorates rests with the SDF
authorities interning them, humanitarian organisations have played an auxiliary role to
ameliorate the sizeable crisis. The presence of local and international humanitarian
organisations and the impartial assistance they provide has reduced the harm interned
internally displaced persons in the foregoing sites have been exposed to, though such
assistance has thus far been insufficient to meet the mounting humanitarian and protection
needs of tens of thousands of interned, internally displaced persons at risk.
C.
Persons internally displaced from Hamah
19.
During the period under review, pro-Government forces renewed offensives in
Hamah, steadily attacking remaining opposition-held pockets of the governorate currently
under the control of Hay’at Tahrir al-Sham and various armed groups including Faylaq alSham and Jaysh al-Izza. Aerial and ground offensives have thus far led to the displacement
of tens of thousands of civilians from those areas: since October, hostilities in the north and
north-east of Hamah led to the displacement of over 90,000 individuals, particularly those
from areas under Hay’at Tahrir al-Sham control. Over 30,000 have been displaced since
early November from al-Saan, Hamra, and Oqeirbat sub-districts. Civilians from Oqeirbat
9
10
11
30
the SDF, an armed group exercising de facto control over territory in Syria and who must therefore
respect the fundamental rights of persons interned in that territory. See, e.g., Report of the SecretaryGeneral’s Panel of Experts on Accountability in Sri Lanka, 31 March 2011, at para. 188, available at
www.un.org/News/dh/infocus/Sri_Lanka/POE_Report_Full.pdf; International Covenant on Civil and
Political Rights, United Nations, Treaty Series, vol. 999, p. 171 [hereinafter “ICCPR”], at art. 9; see
also UN Guiding Principles, supra note 34, at Principle 12(1) and (2).
See United Nations Standard Minimum Rules for the Treatment of Prisoners, 13 May 1977, at Rules
24–26.
See, e.g., Mukong v. Cameroon, Views, Human Rights Committee, Communication No. 458/1991, 21
July 1994, para. 9.3; Leroy Lamey et al v. Jamaica, Decision, IACHR, Case nos. 11.826, 11.843,
11.847, 4 April 2001, para. 203.
Keenan v. the United Kingdom, Judgment, App. no. 27229/95 (ECtHR, 3 April 2001) para. 111; Tibi
v. Ecuador, Judgment, IACtHR, 7 September 2004, para. 157; Huri-Laws v. Nigeria, Decision,
African Commission on Human and Peoples’ Rights, Communication no. 225/1998, para. 41.
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