A/HRC/45/31
trial, and had been either convicted or acquitted, with 1,600 detainees awaiting judicial
processes.82
78.
Regarding juvenile justice, the self-administration reported that, in June 2020, 110
children between 12 and 18 years of age were present in the Houri Rehabilitation Centre, 83
on the basis of their association with ISIL. The Centre was reportedly full at the time of
finalization of the present report. While the Commission welcomes the granting of access to
the Centre to United Nations child protection partners, 84 it notes the importance of
adherence to fair trial and juvenile justice standards. 85 Interviewees involved in judicial
processes reported that representatives were not allowed access to the children during
interrogations in which confessions were induced, and lawyers were only appointed once
charges had been filed by prosecutors. Moreover, numerous detainees reported that children
were also held in other detention facilities, including the Allaya and Hasakah prisons. The
majority of these children had also been accused of affiliation with ISIL or had been
recruited by Syrian Democratic Forces/Kurdish People’s Protection Units and accused of
offences including spying. Adults released from these facilities reported that children were
held in the same cells as adults at certain periods. It was not clear whether these children
had been charged with any offence.
Recruitment of children
79.
In a welcome development, 51 girls from 13 to 17 years of age were removed from
the ranks of Women’s Protection Units in early 2020 and were housed in a “rehabilitation
centre”. Eighteen boys were also in the process of being formally released at the time of
reporting.86 The Commission welcomes the commitments and releases made by the Syrian
Democratic Forces.87 At the same time, it documented six accounts of the recruitment and
use of boys, and two of girls, by the Syrian Democratic Forces-affiliated Kurdish People’s
Protection Units/Women’s Protection Units. A number of incidents of initial recruitment
predate the start of the reporting period, however the violation was ongoing in 2020. One
15-year-old boy was recruited by elements of the Kurdish People’s Protection Units in
northern Aleppo in October 2019. Subsequently, the father received phone calls from
people claiming to be from the Kurdish People’s Protection Units, telling him to stop
looking for his son. In another instance, a girl was recruited at the age of 14 by the
Women’s Protection Units in 2016. In April 2020, the family received a phone call from
elements of the Women’s Protection Units claiming that the girl had committed suicide.
The family was provided with a death certificate with scant details about the cause of death.
The family requested an investigation into her death, as they doubted the Women’s
Protection Units’ version of events.
Findings
80.
The Commission finds that there are reasonable grounds to believe that members of
the Syrian Democratic Forces and related entities may have committed the war crime of
cruel treatment and ill-treatment of those deprived of liberty in military intelligence
facilities.88 The Commission also has reasonable grounds to believe that in holding tens of
thousands of individuals in Hawl camp and its annex, the majority of them children, for 18
months with no legal recourse, the Syrian Democratic Forces have held these individuals in
inhuman conditions.89 The self-administration has communicated with the Commission and
highlighted its assessment of the potential security threat posed by those in camps, however
82
83
84
85
86
87
88
89
According to a non-public submission.
A/HRC/43/57, para. 98.
A/74/845-S/2020/525, para. 181.
United Nations Standard Minimum Rules for the Administration of Juvenile Justice, rule 7.1; and
International Covenant on Civil and Political Rights, art. 14.
A/74/845-S/2020/525, para. 181.
Ibid., and see https://sdf-press.com/en/2020/07/military-instructions-issued-by-the-general-commandof-the-syrian-democratic-forces/.
ICRC rules 156 and 90.
A/HRC/40/70, para. 92.
17
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