A/HRC/43/CRP.6
D.
Children in detention
“They [Government forces] are afraid of boys older than 12 at check points. They threaten
them with guns and slap them in the face. It doesn’t matter if the boy is wanted or not; he
goes to the detention centre.”
Woman discussing the situation of boys and young men in southern Syria, 2013
50.
In violation of the special protection afforded to children, parties to the conflict
detained girls and boys and subjected them to a myriad of violations, as well as denying them
access to psychological support or medical care. Children affected by armed conflict must be
treated humanely, protected from violence and situations in which there is a risk to cause
them harm, including any form of torture or degrading treatment. 37
Government forces
51.
While parties to the conflict throughout the Syrian Arab Republic committed
violations of the most fundamental human rights perpetrated by all parties on the ground
through their detention practices, nowhere has the phenomenon been more pervasive than in
areas under government control.38 Since 2011, widespread arrests of men and boys as young
as 15 were conducted by security forces or militia acting on behalf of the Government, during
mass arrests, house searches or in hospitals. Boys and, on occasions, girls have been detained
either unaccompanied or together with male relatives based on their perceived support of
opposition groups at checkpoints in Aleppo, Damascus and Dar’a.
52.
In detention, as in the case for adults, children were denied the legal protections they
are entitled to and were subjected to torture or other cruel, inhuman or degrading treatment.
Chilling accounts collected from victims and witnesses over the years demonstrate blatant
violations of children’s rights, including perpetrating sexual violence39 and torture40 as well
as beatings with objects such as pipes.
53.
On occasions, children were also deprived of food and vital medical care,41 whipped
and used to coerce confessions from their parents. The presence of male and female detainees
as young as 11 was recorded in Security Branches 215, 227, 235 and 248 in Damascus.
Torture and rape of minors was reported in Branches 215 and 235. The Commission has
documented cases of children as young as seven dying in State custody.
54.
Children witnessed the torture or other inhumane treatment inflicted on family
members, and, on occasions, were forced to inflict torture on other detainees. One
interviewee, detained in 2014 and held in the Qamishli Security Branch, described how a 16year-old boy was forced to electrocute the genitals of another detainee. Female detainees held
with young children recalled being denied medical assistance and food for their babies
including in cases when children were visibly ill.
55.
Boys and girls have been used by detention authorities and guards to clean the
facilities, cook for guards and prisoners and to perform other logistic and support roles for
the management of the detention facilities. Interviewees described seeing children cleaning
at the Mezzeh Airport Branch, and often hearing them being beaten and crying at night. The
Commission received accounts of children born in detention facilities and immediately
separated from their mothers with their fate and whereabouts unknown.
Non-state armed groups and terrorist organizations
56.
These pervasive abuses are, however, not limited to the auspices of Government
forces. Armed groups, including Jabhat al-Islamiyya, Ahrar Al-Sham, and Jabhat al-Nusra,
37
38
39
40
41
14
See ICRC Rule 120 and 118.
See, generally, “Out of Sight, Out of Mind: Deaths in Detention in the Syrian Arab Republic”,
conference room paper A/HRC/31/CRP.1
See ICRC Rule 93 noting that “Rape and other forms of sexual violence are prohibited.”
See ICRC Rule 90 stating that “Torture, cruel or inhuman treatment and outrages upon personal
dignity, in particular humiliating and degrading treatment, are prohibited.”
See ICRC Rule 118 noting that “Persons deprived of their liberty must be provided with adequate
food, water, clothing, shelter and medical attention.”
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