Rights group condemns US transfer of detainees with ISIS affiliation to Iraq News
Staff Sgt. Armando Vasquez, Public domain, via Wikimedia Commons
Rights group condemns US transfer of detainees with ISIS affiliation to Iraq

Human Rights Watch (HRW) on Tuesday condemned the US for transferring 5,700 detainees with alleged ISIS affiliation from Syria to Iraq, where detainees are at risk of enforced disappearance, unfair trials, and torture.

The US transferred the detainees on January 21 as the Syrian government tried to gain control of Northern Syria from the Syrian Democratic Forces (SDF), despite a ceasefire agreement made January 8 between the SDF and Syrian Army. The UN Security Council stated that violence in the south of Syria and Israeli incursions make post-ceasefire stability difficult as well. 

HRW alleged that the US violated Article 33(1) of the 1951 of the UN Convention relating to the Status of Refugees. Article 33(1) outlines the principle of re-foulement:

No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his [or her] life or freedom would be threatened on account of his [or her] race, religion, nationality, membership of a particular social group or political opinion.

HRW claimed that there is risk of torture, unfair trials, or enforced disappearance for these detainees in Iraq, given the country’s history of due process violations in counterterrorism proceedings. The US Central Command has not commented on whether the detainees have been provided legal counsel, judicial review or an opportunity to challenge their transfer.

“Victims of ISIS crimes deserve genuine justice, and that requires fair trials for the accused,” said Sarah Sanbar, Iraq researcher at HRW. 

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