103. The policy alternatives to repatriation that have been proposed by States that are unwilling to repatriate are neither viable nor rights compliant. One option that has been proposed by the AANES authorities is that they charge and prosecute those currently detained.91 Notwithstanding the evident absence of a legal basis for the AANES to conduct prosecutions, those authorities lack the requisite judicial infrastructure to guarantee detainees either humane detention facilities or their due process rights. Furthermore, such a policy does nothing to account for the hundreds of children whose mothers will be subject to detention, and simply postpones all security concerns to when they are eventually released (on acquittal or after serving a sentence). There has also been discussion about whether camp detainees could be transferred to Iraq to face prosecution.92 However, Iraqi trials for those affiliated with ISIS are burdened with accusations of torture-confessions, violations of basic due process guarantees, and have frequently concluded in the death penalty - even for those charged with the most rudimentary support roles.93 Accordingly, the only viable and rights compliant option is for States to repatriate their nationals. PROSECUTION BY THE KURDISH AUTHORITIES Absence of legal basis to prosecute persons Lack of competent courts Lack of adequate and humane detention facilities Lack of capacity to provide due process guarantees No considered plans for the hundreds of children whose mothers will be detained No long-term plan for eventual release TRANSFER OF CAMP DETAINEES TO IRAQ FOR PROSECUTION Detainees frequently subjected to torture and the death penalty Violations of fundamental due process guarantees Inhumane detention conditions ASSAD REGIME TAKES CONTROL OF CAMP DETAINEES Detainees frequently subjected to torture and the death penalty The whereabouts of detainees will no longer be known to European States given the lack of diplomatic relations with the Assad Regime ALTERNATIVES TO REPATRIATION 39 RIGHTS & SECURITY INTERNATIONAL

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