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OHCHR 
Return and Repatriation of Foreign Fighters and their families
Special Rapporteur on counter-terrorism and human rights
The urgent return and repatriation of foreign fighters and their families from conflict zones is the only international law-compliant response to the increasingly complex and precarious human rights, humanitarian and security situation faced by those women, men and children who are detained in inhumane conditions in overcrowded camps, prisons, or elsewhere in northern Syrian Arab Republic and Iraq.
This process also requires a thorough individual evaluation of each woman and child from their human rights perspective, including cases involving gender-based violence and persecution against women who return from Syria and Iraq, including via third countries. An effective return process includes holding individuals accountable for violations of national and international law for serious and systematic crimes committed in Syria and Iraq as appropriate and commensurate with the available evidence. There must be recognition that women and children associated with ISIS may have also experienced extreme and significant human rights violations and gender-based violence during and prior to their detention.
Technical visit to the northeast of the Syrian Arab Republic
Date: 15 to 20 July 2023
Press release: Syria: UN expert calls for an end to mass arbitrary and indefinite detentions and urges protection for children in Northeast Syria – 21 July 2023
End of Mission Statement
Press conference
Amicus briefs and expert interventions
Federal Court of Canada
Date: 3 January 2023
Case: BOLOH 1(A), BOLOH 2(A) male only, BOLOH 12, and BOLOH 13 (2023 FC 98)
Letter in support of the application
European Court of Human Rights
Date: 28 September 2020
Case: H.F. and M.F. v. France (Application no.24384/19)
Intervention as filed
United Kingdom
Date: 29 May 2020
Special Immigration Appeals Commission
Case: Shamima Begum
Intervention as filed
Date: 26 October 2020
Special Immigration Appeals Commission
Case: Shamima Begum
Intervention as filed
Relevant position papers and statements
- Position Paper of the United Nations’ Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism on Non-Refoulement and the Obligations of States to Persons Arbitrarily Detained in North-East Syria – October 2023
- Position Paper of the United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism on the prosecution of individuals with alleged links to designated non-State armed groups for crimes committed in the Northeast of Syria as a key aspect of the rights of victims of terrorism
- Position of the United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism on the human rights consequences of citizenship stripping in the context of counter-terrorism with a particular application to North-East Syria
- Position of the united nations special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism on the use of “battlefield” or military produced evidence in the context of investigations or trials involving terrorism offences
- Position of the United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism on the human rights of adolescents/juveniles being detained in North-East Syria
- Extra-territorial jurisdiction of States over children and their guardians in camps, prisons, or elsewhere in the northern Syrian Arab Republic
- Joint Statement on Human Rights and Humanitarian Concerns Related to Conflict Affected Women and Children in Syria and Iraq, 11 November 2019
- Statement on repatriation and prosecution of foreign fighters and their families, Joint Regional High-level Conference convened by the OSCE, UNOCT and Switzerland, in cooperation with the Albanian OSCE Chairmanship on “Foreign Terrorist Fighters – Addressing Current Challenges” (11-12 February 2020).
Press releases
- Switzerland: Two abducted girls held at grim Syria camp must be returned home – UN experts (21 April 2021)
- Syria: UN experts urge 57 States to repatriate women and children from squalid camps (8 February 2021)
- Canada urged to repatriate orphaned five-year-old girl held in Syrian camp (20 May 2020)
- UN experts welcome effective cooperation of Ireland and Turkey in safe return of Irish nationals (30 January 2020)
- UN experts urge swift repatriation of Irish woman and child from Turkey to Ireland (20 November 2019)
Press conference held by the Special Rapporteur on the issue
Syria: Repatriation of Women & Children (Geneva, 8 February 2021),
UN experts urge 57 States to repatriate women and children from squalid camps
Speaker: Prof. Fionnuala Ní Aoláin, Special Rapporteur on the promotion and protection of human rights while countering terrorism
Communications Sent and Replies Received
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Date |
Summary |
Government Replies |
|---|---|---|
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07 Feb 2023 |
Information received concerning the arbitrary detention and inadequate detention conditions, including restricted access to food, water and medical care, of Ms. Maria Golser, an Austrian citizen, and her two young children, currently detained in Al Roj camp in the North-east region of the Syrian Arab Republic. |
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27 Dec 2022 |
Information received in respect of two nationals of Trinidad and Tobago currently held in the Houri Rehabilitation Centre, in the North-East region of the Syrian Arab Republic. |
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26 Oct 2022 |
Information received in respect of a British national currently detained in Al Roj camp, in North-East region of the Syrian Arab Republic. We have serious concerns about the deteriorating health of the victims. |
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26 Sep 2022 |
Information received concerning the situation of three Australian children currently being held in Roj camp in North-Eastern Syria. |
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16 Fe 2022 |
Information received concerning the situation of forty-six Australian citizens, including thirty children, who are currently being held in different camps in North-Eastern Syria. We have deep concerns about the conditions of detention in the camps, notably Al-Hol and Roj where most of these individuals are held and are deprived of their liberty without any judicial process. |
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19 Apr 2021 |
Information received regarding the Swiss authorities' refusal to facilitate the repatriation of two half-sisters who are currently in the Roj camp. The two girls were allegedly abducted by their mother and taken to Syria, where she went to join the Islamic State organization. |
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15 Nov 2019 |
In this connection, we would like to bring to the attention of your Excellency’s Government information we have received concerning the detention and interrogation of Ms. Lisa Smith and the situation of vulnerability of her child. |
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15 Nov 2019 |
Information received concerning the detention and interrogation of Ms. Lisa Smith and the situation of vulnerability of her child. |
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12 May 2020 |
Information received concerning the need to protect the right to life of a Canadian orphan, currently detained in Al-Hol camp in the North-East region of the Syrian Arab Republic since March 2019. |
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19 Apr 2021 |
Information concerning the refusal of the Swiss authorities to organize the repatriation of two half-sisters who are in the Roj camp. The two girls were reportedly abducted by their mother and taken to Syria where she traveled to join the ISIS organization |
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21 June 2021 |
Information concerning the lack of assistance from the Tunisian authorities to facilitate the repatriation of four young Tunisian girls and the two children of the eldest daughter, who are believed to be in Al Hol and al-Amarnah camps in Syria. |
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26 Nov 2022 |
Information received concerning the arbitrary detention and inadequate detention conditions, including restricted access to food, water and medical care, of Ms. Kimberly Polman, a Canadian citizen, currently detained in Roj camp in the North-East region of the Syrian Arab Republic at least since 19 March 2019. |
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08 Dec 2022 |
Information received concerning the need to protect the rights of a Dutch citizen, currently detained in Al-Hawl camp in the North-East region of the Syrian Arab Republic at least since 12 March 2019. |
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On 25 and 26 January 2021, lead by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, fifty-seven letters were sent to States urging repatriation. These letters raised concerns regarding a registration and verification exercise in Al-Hol and Al-Roj camps located primarily in North-East Syria where third-party nationals, primarily women and children, are currently deprived on their liberty. These are the letters and the State replies.
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Country |
Ref. no. |
Replies |
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|---|---|---|---|
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Afghanistan |
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Albania |
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Algeria |
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Australia |
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Austria |
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Azerbaijan |
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Bangladesh |
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Belgium |
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Bosnia and Herzegovina |
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Canada |
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China |
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Denmark |
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Egypt |
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Estonia |
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Finland |
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France |
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Georgia |
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Germany |
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India |
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Indonesia |
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Iran (Islamic Republic of) |
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Kazakhstan |
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Kyrgyzstan |
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Lebanon |
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Libya |
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Malaysia |
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Maldives |
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Morocco |
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Netherlands |
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North Macedonia |
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Norway |
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Pakistan |
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Philippines |
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Poland |
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Portugal |
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Romania |
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Russian Federation |
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Saudi Arabia |
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Senegal |
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Serbia |
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Somalia |
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South Africa |
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Spain |
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State of Palestine |
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Sudan |
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Sweden |
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Switzerland |
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Tajikistan |
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Trinidad and Tobago |
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Tunisia |
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Turkey |
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Ukraine |
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United Kingdom of Great Britain and Northern Ireland |
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United States of America |
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Uzbekistan |
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Viet Nam |
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Yemen |
On 1 February 2022, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, jointly with other Special Procedures mandate holders, sent seven communications to States urging them to repatriate their nationals. These letters raised concern regarding the situation of boys and men held in various detention facilities in the Northeast of Syria in inhumane conditions and absent legal process or safeguards. The communications sent and the replies received by State are presented below:
Country |
Reference |
Replies |
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Australia |
JAL |
reply: |
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Austria |
JAL |
Replies: |
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France |
JAL |
Reply : |
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Germany |
JAL |
Reply : |
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Sweden |
JAL |
Reply: |
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United Kingdom of Great Britain and Northern Ireland |
JAL |
Reply: |
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United States of America |
JAL |
Reply: |
Side events
Kazakhstan
Concept note
Video
Russian Federation
Concept Note
Video
Uzbekistan
Concept Note
Video