INTRODUCTION
11. Currently, thousands of women and children – including hundreds of UK and EU citizens
– are detained indefinitely without charge or prospect of release in violent, unsanitary,
and inhumane conditions in camps in North East Syria. The women and children currently
held in these camps – separate from the prison facilities which house ISIL militants – have,
with a small number of exceptions charged in absentia, not themselves been charged with
any crimes of terrorism and have been afforded no legal rights and protections. They are
associated with the ISIL regime in various ways – as direct participants, erstwhile supporters,
wives or children of militants, or simply residents in former ISIL-controlled territories – and
for various reasons – extremist sympathy, naiveté, poor judgment, or coercion.
12. This report is the first substantial research project based on interviews with detained
women in the camps considering in detail the circumstances and conditions of detention
for these women and children. This report establishes that European women and children
are arbitrarily detained without legal basis, and are subject to inhuman and degrading
treatment and that in some cases their treatment at the hands of the Syrian Democratic
Forces (‘SDF’) militia is so serious as to amount to torture. This report establishes that the
UK and EU States are directly implicated on the ground in North East Syria, and have a
direct and specific power to bring an end to the suffering of these women and children. Yet
European States are refusing to accept their responsibilities, relying on bad faith arguments
about logistical and security hurdles and legal obstacles to justify not repatriating their
nationals (see Annex II of this report for government’s repatriation policies and practices).
This inaction and acquiescence raises serious legal question of European State responsibility
for the human tragedy taking place in North East Syria.
In effect, European States are currently engaged in the same exercise of seeking
to put detainees beyond the reach of courts and legal remedies as the United States
authorities attempted with the Guantanamo Bay detainees.
13. In effect, European States are currently engaged in the same exercise of seeking to put
detainees beyond the reach of courts and legal remedies as the United States authorities
attempted with the Guantanamo Bay detainees. That bad faith attempt to avoid scrutiny by
the United States has been roundly decried in Europe, but it is being re-enacted for European
citizens on Europe’s doorstep in Syria. Counter-terrorism and security experts warn that, just
as Guantanamo Bay has become a metonym for the worst excesses of the war on terror and
a potent recruiting tool for terrorists in the past two decades, the detention of women and
children in the North East Syrian camps risks developing into a long-running human rights
disaster, a site of dangerous radicalisation to violence, and a symbol of European hypocrisy
which fuels the next generation of ISIL inspired terrorism.
9
RIGHTS & SECURITY INTERNATIONAL
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