A/HRC/45/31
Al-Hawl.78 In this regard, the Commission has consistently called upon Member States to
repatriate children and mothers in camps in accordance with their obligations under
international law,79 however 2020 witnessed minimal repatriation of those in camps.80
74.
In December 2019, the self-administration formalized criteria for the release of
Syrians in Al-Hawl, noting that priority should be given to the sick and elderly, to the
persons who had been kept the longest, to persons with Syrian identity documents and to
those with “trustworthy” sponsors. In correspondence with the Commission, the selfadministration further elaborated on the procedure for release through this system. The
Commission welcomes the fact that between December 2019 and February 2020,
approximately 1,500 individuals were released.
Unlawful deprivation of liberty
75.
The Commission documented eight cases of arbitrary detention of civil society
workers, political activists and persons of Arab ethnicity by the Syrian Democratic Forces
and affiliated Kurdish People’s Protection Units/Women’s Protection Units, including by
their military intelligence. Civilians were apprehended in towns in Raqqah and Hasakah
Governorates and held in various intelligence facilities under the control of the Syrian
Democratic Forces, as well as in Ghweran Prison, the Al-Shadadi prison, the former
Raqqah juvenile prison, and Ayed, Al-Aid and Ayn al-Arab (Kobani) prisons and were kept
incommunicado in nearly all cases. The self-administration has outlined the legal
safeguards for detainees, however the majority of interviewees reported that they had
received no information on the charges or evidence against them, and nor had they had
access to legal representation or been able to have their deprivation of liberty reviewed by a
competent judicial authority. In four cases, individuals indicated that they had been
interrogated on multiple occasions by representatives of the United States security services
during their periods of detention in Syrian Democratic Forces facilities.
76.
In line with previously documented cases, incidents of torture and ill-treatment were
also reported. 81 For example, a member of an Arab tribe had been held by Syrian
Democratic Forces military intelligence in incommunicado detention from March 2019
until March 2020, and accused of collaborating with Turkey. He had been held in military
intelligence facilities in Hawarna, Darbasiyah, Malkiyah and Ya’rubiyah and in a makeshift
prison in Al-Shadadi. The majority of time in detention had been spent in solitary
confinement, with minimal food and water, and he had been regularly beaten by Syrian
Democratic Forces military intelligence. He was released following a negotiated agreement
with local tribes. In another case, a political activist was detained by Syrian Democratic
Forces military intelligence in November 2019 and held in solitary confinement in Hasakah
prison for the majority of his detention. He was regularly beaten and suffered a broken rib.
The interviewee described being hung with his arms behind his back and kept in that
position from 7 a.m. to 8 p.m., resulting in paralysis to a number of fingers. He alleged that
he had been tortured, including by electrocution and having weights attached to his genitals.
Threats of rape had also been made.
Administration of justice
77.
According to the self-administration, as at 12 June 2020, 1,881 Syrians had been
convicted for association with ISIL, whereas no trials of third-country nationals for
association with ISIL had been held. In total, some 8,650 detainees had been brought to
78
79
80
81
16
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25899&LangID=E. Since
this appeal, the girl has reportedly been moved out of the camp to an unknown location.
A/HRC/43/57, para. 103 (e).
See A/HRC/43/CRP.6, available from www.ohchr.org/EN/HRBodies/HRC/RegularSessions/
Session43/Pages/ListReports.aspx. Only five countries repatriated individuals in the first six months
of 2020, according to the self-administration.
See www.ohchr.org/Documents/HRBodies/HRCouncil/CoISyria/AWayForward_DetentionInSyria.pdf.
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