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.
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