A/HRC/28/69
attack directed against a civilian population, indicating the existence of a State policy. The
Government has therefore, as previously found, committed torture and other inhumane acts
as crimes against humanity. This conduct is also prosecutable as the war crimes of torture
and inhuman treatment.
156. The conditions of detention suffered by the men, women and children held in
Government custody constitute cruel, inhuman or degrading treatment or punishment and
may, in themselves, rise to such a level as to constitute torture.
157. The Government continues to commit these crimes with impunity. Members of
intelligence agencies and their military and civilian superiors failing to prevent and punish
these crimes can be held individually criminally liable for the conduct described above.
2.
Non-State armed groups
Islamic State of Iraq and Al-Sham
158. In the areas it controls, ISIS has continued to torture and ill-treat civilians and
captured fighters from other armed groups and Government soldiers. This conduct has been
documented in three distinct contexts: public punishments for breaches of ISIS edicts; in
the group’s detention centres; and during its indoctrination efforts.
159. Throughout the reporting period, ISIS has carried out lashings in public spaces in
towns and villages in Aleppo, Dayr az Zawr, Ar Raqqah and Al Hasakah governorates.
Men and boys under the age of 18 have been lashed for being in the company of women
whom ISIS considered to be “improperly” dressed, for smoking, not attending Friday
prayers, trading during prayer times and for having tattoos. Women have been lashed for
not being fully covered while in public and for being in public with a man who was neither
their spouse nor a close male relative.
160. In Dayr Hafir (Aleppo), ISIS lashed men who were caught smoking. In late August
2014, ISIS fighters assaulted two men they found smoking on the streets of Mo Hassan
(Dayr az Zawr) and took them to the Sharia court, which released them. A 16-year-old boy
was beaten publicly by ISIS fighters in Al-Mayadin (Dayr Az-Zawr) in June 2014. The
reasons for this beating are unclear.
161. In Raqqah city (Ar Raqqah), a woman was publicly lashed for “prostitution” in a
market in October 2014. In Al-Bab (Aleppo), Al-Hisba – ISIS’s morality police – hit
women in the street with sticks if they judged them improperly undressed. These on-thespot punishments are administered by its all-female brigade, Al-Khans’aa.
162. In November 2014, in the village of Al-Ghreika (Al Hasakah), ISIS lashed a man 60
times after his wife left their house alone in order to check on their crops. ISIS had
forbidden women to be anywhere outside home without a close male relative or spouse.
163. As ISIS stabilised its control over territory it currently holds, it has set up detention
centres in former Government prisons, military bases, hospitals, schools and in private
houses. Detainees are held there while waiting to go before the ISIS courts and some then
serve sentences there.
164. A detainee, held in the ISIS detention centre in Jarablus in late 2014, stated that
there were approximately 30 prisoners there, including several boys aged 13-14 years old.
The prison guards beat them about the body and the face. An Egyptian fighter was
particularly harsh. Kurdish detainees, who appeared to have been captured during the ISIS
assault on Ayn Al-Arab, suffered particularly severe beatings, on the grounds that they
were “infidels”.
165. In Al-Shaddadi (Al Hsakah), a man – initially held at a checkpoint in a neighbouring
governorate – was detained in a makeshift ISIS detention facility set up in a private house
45
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