A/HRC/45/31 56. Other women belonging to the Yazidi religious minority were also detained by Syrian National Army forces, and on at least one occasion were urged to convert to Islam during an interrogation. Similarly, the Commission is currently investigating reports that at least 49 Kurdish and Yazidi women were detained in both Ra’s al-Ayn and Afrin by Syrian National Army members between November 2019 and July 2020. 57. The Commission also obtained information that indicates that Syrian nationals, including women, who were detained by the Syrian National Army in the Ra’s al-Ayn region were subsequently transferred by Turkish forces to Turkey, indicted for crimes that would have been committed in the Ra’s al-Ayn region, on charges including murder or membership of a terrorist organization, under Turkish criminal law. 58. Furthermore, the Commission is concerned at reports that Syrian National Army forces are recruiting children to be used in hostilities outside of the territory of the Syrian Arab Republic.54 Sexual and gender-based violence 59. The situation for other Kurdish women remains precarious. Since 2019, Kurdish women throughout the Afrin and Ra’s al-Ayn regions have faced acts of intimidation by Syrian National Army brigade members, engendering a pervasive climate of fear which in effect confined them to their homes.55 Women and girls have also been detained by Syrian National Army fighters, and subjected to rape and sexual violence – causing severe physical and psychological harm at the individual level, as well as at the community level, owing to stigma and cultural norms related to ideations of “female honour”. 56 60. During the period under review, cases of sexual violence against women and men at one detention facility in Afrin were documented. On two occasions, in an apparent effort to humiliate, extract confessions and instil fear within male detainees, Syrian National Army Military Police officers forced male detainees to witness the rape of a minor. On the first day, the minor was threatened with being raped in front of the men, but the rape did not proceed. The following day, the same minor was gang-raped, as the male detainees were beaten and forced to watch in an act that amounts to torture.57 One eyewitness recalled that Turkish officials had been present in the facility on the first day, when the rape was aborted, suggesting their presence may have acted as a deterrent. Another detainee was gang-raped in the same facility some weeks after this incident. 61. The Commission received further information that families from Tall Abyad chose not to return to their homes, fearing rape and sexual violence perpetrated by Syrian National Army members. At least 30 women had reportedly been raped in February alone. A former judge in Afrin confirmed that Syrian National Army fighters had been charged with rape and sexual violence carried out during house raids in the region, however none had been convicted, but rather had been released after a few days. 62. The Commission also received reports of forced marriage and the abduction of Kurdish women in Afrin and Ra’s al-Ayn, which primarily involved members of Division 24 (the Sultan Murad Brigade) of the Syrian National Army. In January, a woman was abducted by a member of the Brigade, who forcibly married her and divorced her shortly thereafter. Attacks against cultural property 63. Syrian National Army members also looted and destroyed religious and archaeological sites of profound significance in the Afrin region. For example, Syrian National Army forces looted and excavated ancient artefacts, including mosaics, from the 54 55 56 57 See also www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25970&LangID =E&fbclid=IwAR0xKFfdKKvbdfnRRHTQAC5q-rDDwJFyEfpA3_Nwe8knCpsCl1cSU5S1_nk. A/HRC/43/57, paras. 88–90. A/HRC/29/27/Add.3, para. 19. International Tribunal for the Former Yugoslavia, Prosecutor v. Anto Furundžija, IT-95-17/1-T, judgment of 10 December 1998, paras. 127 and 129. 13

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