As steps accelerate to implement the agreement signed between the Syrian government and the Syrian Democratic Forces, SDF, on January 29, the file of those deported from prisons in northeastern Syria to Iraq has returned to the forefront, as one of the most complex and intertwined files at the security, legal, and humanitarian levels.
The file is emerging amid continued demands by families to reveal the fate of their children, alongside Syrian government moves to return some of the deportees, in parallel with rights warnings about violations detainees may face inside Iraqi prisons and legal debate over the legitimacy of trying Syrians outside their country.
Ahmed al-Hilali, deputy governor of al-Hasakah (northeastern Syria) and spokesperson for the presidential team overseeing implementation of the agreement between the Syrian government and the SDF, told Enab Baladi that the General Intelligence Service is following up, in coordination with the Ministry of Foreign Affairs, on the file of Syrians deported to Iraq.
Al-Hilali added that work is underway to receive a batch of deported Syrians after studying their files and preparing the necessary legal environment to sort cases between actual suspects and those detained arbitrarily, explaining that the file is “complex and intertwined in security, legal, and humanitarian terms.”
A File Intertwined for Years
The issue of those deported to Iraq dates back to the period of battles and military tensions witnessed by northeastern Syria between Syrian government forces and the SDF, when the international coalition transferred hundreds of detainees accused of belonging to the Islamic State group from SDF prisons to Iraq.
While Iraqi and international security bodies confirm that most of the deportees are accused of belonging to the group or working within its ranks, the families of some of them say their sons were detained arbitrarily, or on grounds related only to suspicion, without clear trials or completed legal procedures.
The Iraqi National Center for International Judicial Cooperation announced that the total number of detainees transferred from Syrian prisons to Iraq reached 5,704 detainees representing 61 countries, including 3,543 Syrians, the largest share among the nationalities, in addition to 467 Iraqis, 4,253 people of other Arab nationalities, and 983 foreign nationals.
In recent months, the file has turned into a public opinion issue in several areas of rural al-Hasakah, especially in the al-Hol and Tal Brak subdistricts, where repeated protests and sit-ins have taken place to demand disclosure of the detainees’ fate.
Rights Warnings of Enforced Disappearance
In parallel, Human Rights Watch warned of violations that detainees transferred to Iraq may face, saying the transfers expose them to risks of “enforced disappearance, unfair trials, torture, and ill-treatment.”
The organization said, in a statement published on February 17, that transferring detainees to Iraq may constitute a violation of the principle of “non-refoulement” under international law, given serious risks related to torture and ill-treatment inside Iraqi prisons.
The organization added that the US role in detention and cross-border transfer operations may make Washington “complicit” in any violations resulting from those operations, especially amid what it described as “documented violations of due process” in counterterrorism cases inside Iraq.
Sarah Sanbar, Iraq researcher at the organization, said the detainees “were held for years without due process, and are now being held in another country without sufficient safeguards.”
She added that “victims of the organization’s crimes deserve real justice, and this requires fair trials for the accused,” saying the international community has long delayed addressing this file and assuming its responsibilities toward its citizens detained in Syria.
Families’ Protests Continue
In rural al-Hasakah, the file still carries heavy humanitarian dimensions for the families of detainees, who say they have lived in a state of complete uncertainty for years.
“Ahmed,” a pseudonym for a relative of a detainee from the al-Hol subdistrict, told Enab Baladi that families “are living in a state of complete loss,” adding, “We do not know where our sons are, whether they are in prisons inside Syria or in Iraq, and there is no party giving us a clear answer.”
He added that some detainees “were taken on ready-made charges,” as he put it, noting that families are continuing their protests until they obtain clear information about the fate of their sons.
In the town of Tal Brak, “Jaziya,” a pseudonym for the mother of a detainee, said her son was detained years ago before the family received information indicating he had been transferred to Iraq.
She added, “Since then, we have known nothing about him. We want him tried here in Syria if he is guilty, but not in this way.”
These testimonies reflect the growing anxiety among families, especially with the absence of clear official communication channels and conflicting information about places of detention and trial mechanisms.
Legal Debate Over Trials
Legal specialists believe that trying Syrian detainees inside Iraq raises major legal problems, especially given differences between judicial systems and accusations related to the absence of fair trial guarantees.
Lawyer Mohammad al-Nayef told Enab Baladi that trying people outside the country where the crimes were committed “represents a flaw in the course of justice,” saying the legal principle requires that suspects be tried inside their countries and within national judicial frameworks.
Al-Nayef explained that some deportees were minors when they were arrested and spent many years inside prisons, raising questions about the legality of the procedures taken against them.
He added that suspicions surround the circumstances of some arrests, noting that charges of belonging to the Islamic State group were sometimes used arbitrarily by the SDF, as he put it.
Al-Nayef said addressing this file should begin with returning Syrian detainees to their country and subjecting them to trials based on Syrian law and consistent with legal standards and defense rights.
January 29 Agreement Faces Implementation Test
The movement on the detainees’ file comes alongside accelerated steps to implement the agreement signed between the Syrian government and the SDF on January 29, which included provisions related to security, administrative, and military files, including the exchange and release of detainees.
While the Syrian government talks about steps to receive batches of deportees and reexamine their files, families in northeastern Syria remain waiting for clear answers about the fate of their sons, amid fears that the file could turn into a long-term crisis that goes beyond politics and security to affect humanitarian, legal, and social aspects alike.
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