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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