Lelun Afrin
The Independent International Commission of Inquiry on Syria Report was issued on 12th September 2023. It consists of 39 pages, covers the period from 1st January to 30th June 2023, and based its methodology on 447 direct interviews, conducted either in person or remotely, talks about the most violations committed throughout the Syrian geography by various parties of the conflict.
The report consisted of a number of paragraphs that included different types of human rights violations committed by the conflicts parties in Syria, including those committed by factions of the opposition Syrian National Army in northwestern Syria generally and in the Afrin region in particular.
The report touched on the Syrian army’s obstruction of aid delivery procedures to the Sheikh Maqsoud and Ashrafieh neighborhoods, which are predominantly Kurdish, during the response to the earthquake disaster. In this regard, he stated: “The Syrian Arab Army also continued to obstruct procedures for delivering supplies to Sheikh Maqsoud and Ashrafieh, two enclaves affected by the earthquake inhabited by a Kurdish majority and located in the north of the city of Aleppo.”
The report also indicated that the Syrian opposition factions obstructed the entry of aid provided by the Autonomous Administration into the areas of northwestern Syria, in an attempt to politicize the aid instead of supporting the areas affected by the earthquake. The report stated: “The authorities affiliated with the Syrian National Army refused the entry of a convoy carrying fuel from the Autonomous Administration to the local communities in Afrin.”
Under the title “Continuing Insecurity,” The report mentioned the killing of four Kurdish young men on the eve of Newroz 2023 by the Al-Sharqiya Army faction affiliated with the Syrian National Army in the town of Jenderes in Afrin. In this regard, it was mentioned in the words of the victims’ family that: “Two members of the faction approached members of the group shouted at them and described them as “fire worshipers” before a fist fight broke out and he began throwing stones. Then the two faction’s members brought two other members and started shooting with rifles.”
The report emphasized the continuation of arbitrary arrests under false pretexts, forced detention, torture and ill-treatment in detention centers and prisons against the indigenous Kurdish population especially in areas under the control of the Syrian National Army, stating that: “Many of the victims of arbitrary arrest, ill-treatment and torture were Kurds.” In this regard, he cited live testimonies from victims and their families confirming this by saying: “The wife of another Kurdish detainee who was arrested by the civil police in Al-Rai on suspicion of committing theft and who was released in early 2023 told the committee that her husband had been subjected to torture, including electrocution on his genitals.”
Regarding the incidents of rape committed by factions of the Syrian National Army, which are still continuing in the various areas under their control, it is stated: “The committee is currently investigating several allegations of rape and other forms of sexual violence committed by members of the Syrian National Army.” The report attached an incident about the rape of a woman by members of the armed factions that took place on 5th May: “A woman was raped inside a car. The committee was informed that the four alleged perpetrators in this case are among nine members of the Syrian National Army.
The committee also confirmed in its report the continued presence of Turkish agents in investigation and detention centers, and their role in supervising investigation operations, saying: “The committee confirmed the continued presence of Turkish agents during the period covered by the report, including in the detention facilities in Ras al-Ayn, Tal Abyad, Akhtarin, and Hawar Kilis.”
The report mentioned testimony about the direct intervention of Turkish officers in the interrogation processes of Kurdish detainees in particular, as one of the Kurdish detainees said: “Another Kurdish person detained there stated that in the fall of 2022 he was slapped and beaten on the head with a stick during his interrogation by a Turkish official (with the help of the translator). He was forced to lie on the ground while someone wearing military boots stepped on his leg, face and head.”
The report explained some of the methods used by the civil police, under the supervision of Turkish officers, to pressure Kurdish detainees to recruit one of their relatives who works within the SDF forces for them. It said: “A Kurdish woman was detained with her four young children in Hawar Kilis prison for four months at the beginning of 2023, after her deportation from Turkey… her husband stated that a Turkish man, with the help of a translator, called him repeatedly from her phone and told him that the family’s release depended on helping them recruit a member of the wife’s family (linked to the Syrian Democratic Forces) to work for them.”
In its report, the committee concluded by describing Jendeeres’ crime, which was the killing of four young Kurds, as a war crime.
At the end of the report, the report reached several recommendations, including: “Calling for an immediate cessation of torture, including sexual and gender-based violence, in all places of detention.” Release arbitrarily detained people and ensure that perpetrators are held accountable through a fair trial. Stop all cases of detention with no contact and enforced disappearances and take all possible measures in accordance with Security Council resolution 2474 (2019) to locate all detainees and/or disappeared persons, determine their fate or whereabouts, and ensure communication with their families. Support the newly established independent institution with an international mandate to coordinate and compile claims relating to missing persons, including persons subjected to enforced disappearance. Allowing neutral humanitarian aid to pass to civilians in need.”
It is worth noting that the United Nations Human Rights Council established the Independent International Commission of Inquiry on Syria on 22nd 2011, whose mandate is to investigate all alleged violations of international human rights law committed in Syria since March 2011. The Human Rights Council also mandated the Commission To determine the facts and circumstances that may amount to these violations and crimes committed, and to identify those responsible, where possible, in order to ensure accountability for the perpetrators of these violations, including violations that may constitute crimes against humanity.