UN Experts Urge Action on Arbitrary Detention and Inhumane Conditions in Syria

As of recent estimates, nearly 52,000 individuals remain detained under highly questionable legal circumstances, prompting a call for urgent action from UN experts.

The ongoing political transition in Syria presents a crucial opportunity to end the unlawful and indefinite detention of thousands of people in relation to the conflict with the Islamic State in Iraq and the Levant (ISIL). As of recent estimates, nearly 52,000 individuals remain detained under highly questionable legal circumstances, prompting a call for urgent action from UN experts.

According to a statement released today, the UN experts are urging all involved parties to take immediate measures to address the arbitrary detentions and improve the dire conditions facing the detainees. This includes over 9,000 male ISIL suspects currently imprisoned without due process, including 5,400 Syrians, 1,600 Iraqis, and 1,500 individuals from 50 other countries. The majority of these detainees are held incommunicado, with no clear information about their fate or whereabouts.

In addition to these men, around 42,500 individuals, including family members of ISIL suspects, refugees, displaced persons, and victims of human trafficking, are arbitrarily detained in camps, many of which are located in the volatile northeastern region of Syria. Alarmingly, around 60% of those in the camps are children, and the rest are predominantly women. The children are particularly vulnerable, having been subjected to physical violence, psychological trauma, and the loss of family members. Many adolescent boys have been separated from their mothers and are held in prisons or other detention centers. These individuals, many of whom are innocent victims, have suffered inhumane conditions for at least six years. This prolonged detention is in direct violation of international law, and the experts emphasized the severe toll it has taken on the mental and physical well-being of the detainees.

The human rights experts emphasized that the situation represents a flagrant violation of international law, particularly concerning the treatment of children. They stressed that many of the detainees should be treated as victims of terrorism and human rights violations, rather than as perpetrators. Additionally, women, especially those who have suffered from sexual and gender-based violence, are also at extreme risk in the camps and detention centers.

In light of these pressing concerns, the experts issued six key recommendations for addressing the crisis:

1. Repatriation and Legal Processes: The experts urged all countries to swiftly repatriate their nationals who are detained in Syria, as mandated by international law. Repatriation should be accompanied by a comprehensive process of rehabilitation, reintegration, or prosecution as appropriate, in line with international human rights standards. They also highlighted the need for voluntary third-country resettlement for those who are at risk of facing serious human rights violations if they return to their home countries. Furthermore, the experts expressed concern about countries abandoning their citizens or revoking their citizenship arbitrarily.

2. Reintegration of Syrian Detainees: Syria’s caretaker authorities are called upon to develop a clear plan for the safe, voluntary, and dignified reintegration of Syrian detainees who are not suspected of criminal activity back into their communities. This should align with the provisions of Security Council Resolution 2254 (2015), which emphasizes the release of arbitrarily detained individuals, particularly women and children.

3. Independent Transitional Justice Process: The political transition in Syria should include a robust and impartial process for bringing to justice those suspected of committing international crimes. The process must ensure fair trials, avoid the death penalty, and meet international standards for prison conditions. Addressing atrocities committed by ISIL should be part of a broader, Syrian-led transitional justice process, which involves accountability for all state and non-state actors. The international community should provide technical and financial support to Syria's transitional efforts.

4. Conditional Lifting of Counter-Terrorism Sanctions: There should be clear and stringent conditions for the lifting of counter-terrorism sanctions on Syria. These conditions must prioritize progress in areas such as accountability for past atrocities, human rights improvements, and the establishment of the necessary conditions for reconstruction and stabilization of the country.

5. Stopping External Destabilizing Activities: Foreign countries, particularly Türkiye and Israel, are urged to cease their destabilizing activities in Syria. Türkiye’s illegal cross-border attacks in the north-east have displaced nearly 100,000 people, exacerbating the humanitarian crisis in the region. Israeli attacks and expanding occupation in the south further complicate the political transition process. The experts stressed that such actions contribute to ongoing instability and hinder efforts toward a peaceful and just resolution.

6. Ensuring Basic Humanitarian and Protection Standards: Until a broader resolution is achieved, the humanitarian, protection, and security needs of detainees must be met. This includes ensuring the adequate provision of food, shelter, medical care, and other essential services. The experts condemned recent disruptions to humanitarian aid in the camps, which have placed detainees at even greater risk. They called on states and international organizations to guarantee sufficient funding to meet these needs.

The UN experts concluded by reiterating that all measures must be sensitive to the specific vulnerabilities and needs of detainees, including those based on gender, age, disability, and other intersectional factors. The urgency of this situation cannot be overstated, as the lives of thousands of people, many of them innocent children and women, continue to hang in the balance.

With the political transition in Syria presenting a potential turning point, the UN experts emphasized that the international community has a vital role to play in ensuring that justice is served, detainees are treated humanely, and long-term solutions are put in place to foster peace, security, and the protection of human rights in the country.