The fate of Syrian detainees transferred to Iraq from prisons formerly run by the Syrian Democratic Forces (SDF) has returned to the spotlight following a visit by Iraq’s Supreme Judicial Council President Judge Faiq Zaidan to Damascus on Thursday, where talks with Syrian officials, including President Ahmed al-Sharaa, focused on their cases.
Relatives of some detainees accused of belonging to ISIS insist they had no ties to the group and were arrested by the SDF over politically motivated allegations, including opposition to ousted Syrian President Bashar al-Assad.
They renewed calls for their return to Syria, a review of the charges against them and the release of those whose guilt cannot be established.
Ibrahim Abbas, from the al-Dhahiriya village east of Qamishli in the Hasakeh province, told Asharq Al-Awsat that the SDF arrested his nephews, Abdul-Azim Ahmed and Alaa al-Din Hassan al-Abbas, in 2017 because of their opposition to Assad.
Abbas, a member of the Arab Zuweid tribe, maintained that neither of the men had any connection to ISIS.
Relatives had been allowed to visit them regularly at al-Malikiyah prison before they were abruptly transferred to Qamishli prison, he revealed.
When the international coalition requested lists of ISIS prisoners for transfer to Iraq, the SDF included both men.
“They were 20 years old when they were arrested and are now nearly 30,” Abbas said, calling for their return to Syria and fresh investigations.
Those proven to have belonged to ISIS should be prosecuted, he added, while those against whom no evidence is found should be released.
In mid-February, Iraq’s Justice Ministry published the nationalities of ISIS prisoners transferred from detention facilities in northern Syria formerly run by the SDF to Iraq in a US Central Command-led operation. The number of Syrians transferred totaled 3,543.
Syrian activist Suheb al-Yaarobi said coordination between Damascus and Baghdad over the detainees’ return had been advancing before it was disrupted by tensions stemming from the US-Israel war on Iran.
He told Asharq Al-Awsat that some detainees had no connection to ISIS and had been imprisoned by the SDF on “malicious” accusations before being classified as members of the group and transferred to Iraq.
Both Baghdad and Damascus want the prisoners returned to Syria, Yaarobi said, but a key obstacle is the lack of detention facilities there.
Judge Laith Jabr, head of Iraq’s Judicial Supervision Authority, said Zaidan’s talks in Damascus focused on the Syrian detainees and their legal status. Iraqi authorities had conducted judicial investigations and provided them with all legal safeguards, he added.
The two sides agreed to establish joint judicial committees that will meet regularly to resolve issues related to the detainees’ trials.
Informed sources said Iraq and Syria were close to signing an agreement governing the transfer and prosecution of Syrian detainees held in Iraq.
International law expert Al-Moutassim al-Kilani told Asharq Al-Awsat that an accusation by the SDF or inclusion on a security list was not, in itself, sufficient legal proof of ISIS membership.
Rather than mass releases or collective trials, Kilani advocated a joint Syrian-Iraqi judicial mechanism to distinguish among detainees lacking credible evidence; those awaiting Iraqi judgments who could be transferred for prosecution in Syria; suspects accused of crimes committed in Iraq or against Iraqis; and prisoners serving final Iraqi sentences who could potentially complete their terms in Syria under a bilateral arrangement.
A fifth category should cover potential victims of arbitrary detention or torture, he suggested.
Detainees and their lawyers should be given access to case files and allowed to challenge the legality of detention and seek investigations into allegations of abuse. Convictions should not be based solely on coerced confessions or security reports that cannot be independently scrutinized, he stressed.
