UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

Det Udenrigspolitiske Nævn 2021-22
UPN Alm.del Bilag 32
Offentligt

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International is a movement of 10 million people

which mobilizes the humanity in everyone and campaigns

for change so we can all enjoy our human rights. Our vision

is of a world where those in power keep their promises,

respect international law and are held to account. We are

independent of any government, political ideology, economic

interest or religion and are funded mainly by our membership

and individual donations. We believe that acting in solidarity

and compassion with people everywhere can change our

societies for the better.

Except where otherwise noted, content in this document is licensed under a Creative Commons

(attribution, non-commercial, no derivatives, international 4.0) licence.

https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode

For more information please visit the permissions page on our website: www.amnesty.org

Where material is attributed to a copyright owner other than Amnesty International this

material is not subject to the Creative Commons licence.

First published in 2021

by Amnesty International Ltd

Peter Benenson House, 1 Easton Street

London WC1X 0DW, UK

Cover photo:

Returnees being interrogated when crossing back into Syria © Amnesty International /

Dominika Ożyńska

Index: MDE 24/4583/2021

Original language: English

amnesty.org

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

CONTENTS

1. EXECUTIVE SUMMARY

2. METHODOLOGY

3. POLICIES ON RETURN

3.1 SYRIA’S POLICY

3.2 NEIGHBOURING COUNTRIES’ POLICIES

3.2.1 LEBANON

3.2.2 TURKEY

3.2.3 JORDAN, IRAQ, EGYPT

3.3 EUROPEAN COUNTRIES’ POLICY

4. TARGETING OF RETURNEES

4.1 RETURN PROCESS AND EXPECTATIONS

4.1.1 CLEARANCE AND SETTLEMENT

4.1.2 ORGANIZED RETURNS

4.2 ACCUSATIONS AND PERCEPTIONS

5. SEXUAL VIOLENCE

5.1 RAPE

5.2 OTHER SEXUAL VIOLENCE

5.3 HARASSMENT, INSULTS AND THREATS

6. ARBITRARY AND UNLAWFUL DETENTION

6.1 ARRESTS ON TERRORISM-RELATED ACCUSATIONS

6.2 DETENTION ON UNNECESSARY AND UNREASONABLE GROUNDS

6.3 DETENTION OF RETURNEES AT SCREENING SITES

6.4 DETENTION AND ABUSE OF WOMEN AND THEIR CHILDREN

6.5 DETENTION AS A MEANS OF EXTORTION

6.6 FLEEING SYRIA AGAIN AS A CONSEQUENCE OF DETENTION

7. TORTURE AND OTHER ILL-TREATMENT

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

7.1 SEVERE BEATINGS

7.2 TORTURE METHODS

7.3 DEHUMANIZING TREATMENT AND NEGLECT

7.4 SYRIA’S OBLIGATIONS UNDER INTERNATIONAL LAW

8. ENFORCED DISAPPEARANCE

8.1 ENFORCED DISAPPEARANCE

8.2 DEATH IN DETENTION

9. CONCLUSION AND RECOMMENDATIONS

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

1. EXECUTIVE SUMMARY

“I couldn’t take much more. I blamed myself for returning.

People in Lebanon told me not to go back, telling me: ‘You’re

going to your death.’ I didn’t believe them because

it [Syria] is

my country.”

Karim, detained for six months and tortured after returning from Lebanon.

“I didn’t flee the country because of bombs, but because of

the threats of the Syrian regime. I didn’t leave my country

easily. The reason why I

left my country is still there.”

Sema, who returned to Syria in 2019 from the United Arab Emirates because her father was seriously ill.

Since 2011, 6.6 million people from Syria have fled violence and repression, seeking refuge abroad. The vast

majority live in neighbouring countries where many suffer from dire living conditions, discrimination and lack

of regular migration status, while others have fled to Europe.

These harsh living conditions, coupled with the decrease of military hostilities in most of Syria, have put

refugees under pressure to return, against the backdrop of a narrative driven by the Syrian government and

its allies according to which it is time for refugees to return. In parallel, two European countries, Denmark and

Sweden have begun to reconsider the protection they have afforded to people from Syria. This is based on

their assessment that some areas of the country, such as Damascus and Damascus countryside, are now safe

since indiscriminate violence as a result of conduct of hostilities has decreased.

But according to multiple interviews that Amnesty International researchers conducted with returnees or their

relatives, Syrian intelligence officers have subjected women, children and men returning to Syria to unlawful

or arbitrary detention, torture and other ill-treatment including rape and sexual violence, and enforced

disappearance. These violations have been a direct consequence of perceived affiliation with the opposition

simply deriving from refugees’

displacement. Based on these findings, no part of Syria is safe for returnees to

go back to, and people who have left Syria since the beginning of the conflict are at real risk of suffering

persecution upon return. Therefore, any return to Syria at this time would be in violation of the international

obligation of non-refoulement, as stated in Article 33 of the 1951 Refugee Convention and other international

instruments, which prohibits states from transferring people to a place where they would be at real risk of

persecution or other serious human rights violations.

Amnesty International’s investigation documented a total of 66 cases of individuals who were subjected to

serious violations upon their return to Syria. These consisted of 13 children aged between three weeks and 17

years old at the time the violations occurred, 15 women and 38 men. Researchers interviewed a total of 41

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

Syrian individuals: 20 returnees; and 19 relatives and two close friends of returnees who were subjected to

violations. In addition, Amnesty International spoke to two Syrian human rights researchers, two humanitarian

workers, five experts on Syria and refugee rights, as well as a Syrian lawyer and a former Syrian judge. Amnesty

International also reviewed Syrian and European governments’

statements on the return of refugees and

relevant publications. On 9 August 2021, Amnesty International wrote to the Prime Minister of Syria requesting

a response to its findings.

POLICIES ON RETURN

According to the UN, only a small number of the total number of refugees has returned to Syria. Between

2016 and mid-2021, it recorded approximately 280,000 returnees, although the actual figure, including

returns through informal routes, is likely to be higher. But there is a growing expectation in some of the

countries that host refugees that more should leave. This is partly driven by changing facts on the ground.

Over the past three years, the level of fighting has overall reduced in Syria, with the government consolidating

its gains and controlling more than 70% of the territory in 2021. Syrian President Assad attributed the slow

pace of returns to damaged infrastructure, economic sanctions placed on Syria, and “pressures exerted on

refugees not to return”, maintaining nonetheless that the return of refugees

was a priority for his government.

In Lebanon, the government

adopted in July 2020 a plan providing a framework for organizing Syrian refugees’

return to Syria. While it has not been implemented yet, Lebanese authorities deported over 6,000 Syrians to

Syria, based on a 2019 official decision to return any Syrians who would have entered in an “illegal” manner

between mid-2019 and late 2020.

In Turkey, restrictive administrative measures and a crackdown on refugees have stepped up pressure on

them to return.

In Europe, Denmark and Sweden have restricted access to residency permits for asylum-seekers coming from

regions that they assess are safe for return, including Damascus and the Damascus countryside. The Danish

Immigration Service stripped at least 402 people from Syria of their residency permits or did not renew their

residency permit between 1 January 2020 and 1 June 2021, leaving them to wait for the final decision from

the Danish Refugee Appeals Board.

TARGETING OF REFUGEES

According to the

returnees’ testimonies collected by Amnesty International, corroborated by experts, Syrian

officials have viewed refugees returning as having been disloyal to their country, either because of the fact that

they fled or because of the place where they sought refuge. As a result, Syrian authorities perceive individuals

who left the country as generally supportive of the opposition and/or armed groups.

Amnesty International documented 24 cases of men, women and children returnees who were subjected to

rape or other forms of sexual violence, arbitrary detention and/or torture or other ill-treatment upon return as

a direct consequence of such perceptions and scrutiny, deriving from their displacement.

For example, Noor (whose name, like all the others in the report, has been changed), recounted that a Syrian

security officer told her at the border crossing with Lebanon: “Why did you leave Syria? Because you don’t like

Bashar al-Assad

and you don’t like Syria? You’re a terrorist … Syria is not a hotel that you leave

and return to

when you want.” He subsequently raped Noor and her five-year

old daughter.

SEXUAL VIOLENCE

Amnesty international documented 14 cases in which security officials committed sexual violence against

children, women and men returnees, including rape against five women, a 13-year-old boy and a five-year-

old girl. Sexual violence took place at border crossings or in detention centres during questioning the day of

return or shortly after, according to interviews with survivors or their relatives.

For example, Alaa told Amnesty international that intelligence officers arrested her and her 25-year-old

daughter at the border crossing as they came back from Lebanon and detained them for five days in an

intelligence centre, accusing them of “speaking against [President] Assad abroad”. Alaa said that security

officials interrogated her and her daughter in the same room and that she was present when her daughter was

assaulted. “They removed my daughter’s clothes. They handcuffed her and hanged her on the wall.

They beat

her. She was totally naked. One put his penis inside her mouth. When she became unconscious, they threw

water on her. I tried to kiss their legs so that they stopped. They asked: ‘Why did you leave Syria? What did you

bring with you? They called

me a ‘whore’, a spy for ISIS [armed group Islamic State], a terrorist,” Alaa said.

Survivors’ accounts indicate that security officials had raped them in order to humiliate them, punish them for

leaving the country, or assert their control over them.

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

Security members beat five returnees either on their genitals or as they were stripped naked, according to

returnees or their relatives. Samer recounted that a security officer beat him on his testicles during interrogation

upon return and told him:

“We’re beating you here, hoping that you’ll not bear children who can harm the

country as you did.”

ARBITRARY AND UNLAWFUL DETENTION

Amnesty International documented 59 cases of unlawful or arbitrary detention of men, women and children

among the 66 people who faced violations when returning from abroad. Detainees included two pregnant

women and ten children, aged between three weeks old and 16 years old, with seven of them being four years

old or younger.

The arrests took place up to ten months after they returned, but the majority told Amnesty International that

they had been arrested upon return or shortly afterwards. Security officers arrested returnees for various

reasons, most frequently based on broad accusations of “terrorism”, often because they assume

that one of

their relatives was affiliated with both the political or armed opposition or because returnees were from an area

that was previously under opposition control.

In the cases Amnesty International documented, none of the detainees had access to a lawyer nor appeared

in front of a judge. They were detained without a clear legal basis, on unnecessary and/or unreasonable

grounds, for at least several months, making their detention unlawful or arbitrary.

Maher, who returned from Lebanon in early 2018, said that intelligence agents detained him for two-and-a-

half months and interrogated him 15 times, holding against him his area of origin. “They said: ‘You’re from

southern Aleppo. You’re a terrorist.’ They accused me of being a terrorist because I didn’t do the military

service and because of my village: ‘You’re from [name of village]. You killed soldiers, you did many things

against the country. You’re a terrorist,’” Maher said.

Among the 23 documented cases of detained returnees who were released at the time of writing, all but three

adults, were detained between three days and 15 months.

Security forces also arbitrarily detained people returning from Rukban (an informal settlement between the

Jordanian and Syrian border, also known as the “berm”) to Homs or from Lebanon to Qalamoun (Damascus)

in former schools used as screening facilities, as part of organized return processes, for periods ranging

between three days and four months. The purpose of the detention was to run background checks against

returnees in order to assess whether they were wanted, according to testimonies.

Testimonies indicate that Syrian authorities have also used detention as a means

of extortion, with detainees’

families commonly paying in order to obtain information or secure the release of their relative. Interviewees

told Amnesty International that they paid the equivalent of USD 1,200 to USD 27,000.

Detention and the fear of being arrested again led 23 returnees who were able to, to flee once again

government-controlled areas, mainly to Lebanon but also to Turkey, Rukban, Germany or northern Syria. As

Lebanon and Turkey no longer accept refugees from Syria, returnees have been obliged to take smuggling

routes, putting them further at risk during their journey.

TORTURE AND OTHER ILL-TREATMENT

Interviews by Amnesty International documented how intelligence officials subjected 33 returnees, including

men, women and five children, to practices that amount to torture or other ill-treatment during detention and

interrogation in intelligence facilities. Intelligence members mainly used torture in order to coerce detainees to

“confess” to alleged crimes or punish them, or for allegedly opposing the government, according to returnees’

testimonies.

Security officials beat returnees, using various objects, including metal sticks, electric cables, plastic pipes,

and a tank belt drive in one case, interviewees said. In one case, an intelligence agent beat a six-year-old,

according to her mother.

Security forces also used electric devices and specific torture techniques, which Syrian security forces have

routinely used, to ill-treat and torture detainees during interrogations. Ismael, who was arrested two days after

returning from Lebanon and was detained in four intelligence branches for three-and-a-half months, told

Amnesty International:

“They electrocuted me between the eyes. I felt my whole brain was shaking. Sometimes

I lost

consciousness. I don’t know for how long… In the end, I was unable to hold my body anymore, my

shoulder was dislocated. They put electricity on my head. I wished I would die.”

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

ENFORCED DISAPPEARANCE AND DEATH IN DETENTION

Amnesty International documented 27 cases of enforced disappearances, including four children, following

their arrests. Returnees were disappeared for at least one week and up to four years, with 17 disappearances

still ongoing, according to testimonies.

Samer, who was forcibly disappeared by military intelligence forces for nine months after returning from

Rukban, recounted: “My family thought that I was dead and had funerals for me.”

Among returnees who were subjected to enforced disappearance, official authorities informed the relatives of

five that arrested returnees had died in custody, interviewees told Amnesty International. Nisreen, whose

husband was arrested after the couple returned from Lebanon with their baby in mid-2019, told Amnesty

International that this is what happened to her, after

three months without news of her husband. “I obtained

a family statement. It said that my husband passed away,” she said.

CONCLUSION AND RECOMMENDATIONS

Amnesty International’s research shows that Syrian authorities continue to commit a range of

gross human

rights violations against individuals, which is consistent with and confirms a wider pattern of violations

committed by the Syrian government against perceived political opponents since the beginning of the conflict.

Women are as much at risk as men when they return and should therefore be granted the same level of

protection. Despite claims that Damascus and its suburbs are safe to return to, one third of the cases

documented in this report involving human rights violations in fact took place in Damascus or the Damascus

area, indicating therefore that even when indiscriminate violence relating to conduct of hostilities is at a low

level, and/or the government is in control of a certain area, the risks remain

–

in clear contradiction to

Denmark’s safety assessment of Syria. In fact, and as a result of the Syrian government’s abuses, returnees

interviewed by Amnesty International who have been able to flee have departed Syria once again and become

refugees again.

European governments should grant refugee status (rather than subsidiary protection status) to people who

have left Syria and are now, or have been in the past, seeking asylum, without any restriction to the right to

seek asylum, and maintain protection to Syrian refugees living in Europe. They should also reconsider

assessments designating parts of Syria as safe and include in the safety assessment criteria based on the risks

of human rights violations committed by any actors. European and other governments operating resettlement

programmes should increase resettlement commitments for Syrian refugees and provide complementary

pathways to protection, including community sponsorship.

Amnesty International has called on the Syrian government repeatedly to stop the crimes against humanity

being carried out by its security forces. Syrian authorities must end sexual violence, enforced disappearances,

arbitrary arrests, torture and other ill-treatment, and ensure the respect, protection and fulfilment of the human

rights of all people in Syria, including those of returnees; in particular, ensure that fleeing violence and

persecution and living abroad as a refugee is not used as a reason for persecution against people returning to

Syria. The Syrian government also should provide clear and reliable information on administrative requirements

and processes to return to Syria and grant UN agencies, the International Committee of the Red Cross and

NGOs unhindered access so that they can monitor the return of those refugees who return and assist them in

accordance with international standards, without discrimination in access to aid.

The Lebanese, Jordanian, and Turkish governments should maintain protection for Syrian refugees from

refoulement and end all deportations of refugees to Syria, as well as all other forms of direct or indirect

transfers, in line with the international obligation of non-refoulement.

The Lebanese government should provide all Syrian refugees with a regular migration status which protects

them from refoulement, grant permission to UNHCR once again to register new refugees, and allow legal re-

entry into Lebanon to refugees who returned to Syria and decided to leave again out of fear of persecution.

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

2. METHODOLOGY

This report documents serious human rights violations committed by the Syrian government against refugees

who returned to Syria between mid-2017 and spring 2021.

Amnesty International’s researchers carried out the research for this report between July 2020

and June 2021;

until April 2021 the research was carried out remotely due to travel restrictions related to the COVID-19

pandemic, followed by field research in Lebanon in May 2021. The organization’s researchers conducted voice

interviews via a messaging app as well as in-person interviews with interpretation from Arabic to English.

During the course of this research, Amnesty International documented a total of 66 cases of individuals who

were subjected to serious violations upon their return to Syria. These consisted of 13 children aged between

three weeks and 17 years old at the time the violations occurred, 15 women and 38 men.

The organization interviewed a total of 41 Syrian individuals: 20 returnees; and 19 relatives and two close

friends of returnees who were subjected to violations. Eight of the relatives had returned with the victims and

were witness to the events; while the remaining relatives and friends had obtained a direct account of what

happened from the returnees themselves or from a direct witness.

Among the 66 documented cases, 39 Syrians returned from Lebanon

–

including two who were deported; 14

returned from Rukban (an informal settlement between the Jordanian and Syrian border, also known as the

“berm”),

a family of five returned from France, one individual from Germany, two from Turkey, two from

Jordan, and one from the United Arab Emirates (UAE).

Out of the total number of cases, one third

–

or 22 cases

–

involved human rights violations that took place in

Damascus or the Damascus area.

Names of interviewees have been modified, and details of their location at the time of interviews, as well as

specific dates and locations of their places of detention withheld, in order to protect their identity and ensure

their safety.

Additionally, Amnesty International interviewed two Syrian human rights researchers, two humanitarian

workers, five experts on Syria and refugees’ rights, as well as a Syrian lawyer and a former Syrian judge.

Researchers also reviewed Syrian and European governments’

statements on the return of refugees and

relevant publications, including media reports and reports of United Nations (UN) bodies, research

organisations and NGOs relating to the return of refugees.

This report also draws on previous research conducted over the past decade by Amnesty International

regarding violations against people in Syria.

Amnesty International, and other organisations including the UN,

documented the government’s widescale and systematic practices of arbitrary detention, sexual violence,

torture and other ill-treatment and enforced disappearance, in addition to serious violations committed by

Amnesty International,

Syria:

“Between Prison and the Grave”: Enforced Disappearances in Syria

(Index: MDE

24/2579/2015), 5 November 2015, amnesty.org/fr/documents/mde24/2579/2015/en/; Amnesty International,

Syria: “It

Breaks the Human”: Detention, Torture, Disease and Death in Syria’s Prisons

(Index: MDE 24/4508/2016), 18 August

2016 amnesty.org/en/documents/mde24/4508/2016/en/; Amnesty International,

Syria: Human Slaughterhouse: Mass

Hangings and Extermination at Saydnaya Prison,

(Index: MDE 24/5415/2017), 7 February 2017,

amnesty.org/en/documents/mde24/5415/2017/en/

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

opposition armed groups. The Syrian government’s violations amount to war crimes and crimes against

humanity, according to the UN.

On 9 August 2021, Amnesty International wrote to the Syrian Minister of Defence and Minister of Interior

requesting clarification on the findings in this report. At the time of publication, no answer had yet been

received.

UN Human Rights Committee (HRC), Report of the Independent International Commission of Inquiry on the Syrian Arab

Republic, 11 March 2021, A/HRC/46/55, pp.21-23.

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

3. POLICIES ON RETURN

Since the beginning of the Syrian conflict, more than 13.3 million men, women and children have been forced

to flee their home, with approximately 6.6 million seeking refuge abroad. Among them, 5.5 million live in

neighbouring countries, namely Turkey, Lebanon, Jordan, Iraq and Egypt.

Additionally, more than one million

have sought asylum in Europe.

Over the past three years, the level of fighting has overall reduced in Syria, with the government consolidating

its gains and now controlling more than 70% of the territory.

Against the backdrop of a narrative driven by

the Syrian government and its allies, according to which it is time for refugees to return, Syrian refugees have

come under increased pressure to return to their country, as a result of increasingly harsh living conditions,

discrimination and restrictive policies, particularly in neighbouring host countries.

Between 2016 and 31 May 2021, 282,283 refugees returned to Syria, with a peak of 94,971 refugees returning

in 2019.

The actual figure, including returns through informal routes, is likely to be higher, although it remains

low compared to the total number of Syrian refugees. According to a survey by the UN High Commissioner for

Refugees (UNHCR) from March 2021, only 2.4% of refugees plan to return in the coming year, with 70% of

those not planning to return in the coming year hoping to go back to Syria one day.

Russia issued a proposal in July 2018 to coordinate the return of 1.7 million Syrian refugees from host

countries and Europe.

Russia, one of the chief allies of the Syrian government, has attempted to encourage

the return of refugees as a way to normalize the new status quo following the government’s re-taking

control

over the majority of the country’s territory,

and to foster reconstruction by international actors.

But this plan

did not garner international support,

against the backdrop of Syria’s failure to implement UN Security Council

resolutions, particularly resolution 2254.

Meanwhile, a recent assessment of the situation in Syria released by UNHCR reads

that “conditions remain

unconducive for large-scale

organized returns that are safe, dignified and sustainable.”

Still, UNHCR

provides support to refugees who are returning individually, especially with obtaining missing documentation.

UNHCR and other organizations do not have free and unhindered access to returnees in Syria, therefore, they

cannot monitor conditions during and after return and whether security conditions in the country are safe.

UNHCR,

Syria Refugee Crisis

–

Globally, in Europe and in Cyprus,

18 March 2021, unhcr.org/cy/2021/03/18/syria-

refugee-crisis-globally-in-europe-and-in-cyprus-meet-some-syrian-refugees-in-cyprus

According to UNHCR, 59% live in Germany, 11% in Sweden. Between 2% and 5% live in Austria, Greece, the

Netherlands and France. UNHCR,

Syria Refugee Crisis

–

Globally, in Europe and in Cyprus,

18 March 2021,

unhcr.org/cy/2021/03/18/syria-refugee-crisis-globally-in-europe-and-in-cyprus-meet-some-syrian-refugees-in-cyprus

AFP,

Assad says refugee returns a ‘priority’ for Syria,

9 November 2020.

Amnesty International,

Lebanon: Why are returns of refugees from Lebanon to Syria premature?

(Index: MDE

18/0481/2019), pp.1-2.

UNHCR, Operational data portal, data2.unhcr.org/en/situations/syria_durable_solutions

UNHCR, Sixth regional survey on Syrian refugees perceptions and intentions on return to Syria, March 2021

Reuters, Russian envoy urges Syrian refugee return, 26 July 2018, reuters.com/article/us-mideast-crisis-russia-syria-

refugees/russian-en-%20voy-urges-syrian-refugee-return-idUSKBN1KG2C8

International Crisis Group,

Ways out of Europe’s Syria reconstruction conundrum,

25 November 2019, p.i

crisisgroup.org/middle-east-north-africa/eastern-mediterranean/syria/209-ways-out-europes-syria-reconstruction-

conundrum

UNHCR, International Protection Considerations with regard to people fleeing the Syrian Arab Republic

–

Update VI,

March 2021, p.52.

UNHCR, International Protection Considerations with regard to people fleeing the Syrian Arab Republic

–

Update VI,

March 2021, p.51.

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

Similarly, refugees themselves are making plans without reliable information on return conditions.

For

instance, one of the former refugees interviewed by Amnesty International explained that he was told by people

in his village that it was safe to return from Jordan. Wael was then arbitrarily detained for six months upon

entry to Syria

“They said: ‘Our phones are tapped and we are under the intelligence control. We can’t say

anything on the phone. That’s why we said things are good. We are sorry that we lied to you’,” Wael

recounted.

3.1

SYRIA’S POLICY

The Syrian government has publicly encouraged refugees to return. In July 2018, the Ministry of Foreign Affairs

issued a statement reading:

“The

Syrian state also calls on the Syrian citizens, who were forced by war and

terrorist attacks to leave the country, to return to their home country after the liberation of the largest number

of areas that were under the control of terrorists.”

In October 2018, the Syrian government granted amnesty

to men who had defected from the compulsory military service, as a way to encourage refugees to return.

November 2020, the Syrian government held a two-day, Russian-backed conference focused on facilitating

the return of refugees. President Assad said their return was a priority for his government and maintained that

returns were primarily hindered by damaged infrastructure, economic sanctions placed on Syria, and

“pressures exerted on refugees not to return”.

Yet, Syrian authorities still restrict or do not allow people,

whether refugees or internally displaced people, to go back to some areas recaptured, including in Damascus

area.

3.2 NEIGHBOURING

COUNTRIES’

POLICIES

3.2.1 LEBANON

Lebanon currently hosts 1.5 million Syrian refugees (including 855,172 people registered with the UNHCR),

who struggle with the lack of regular status, discriminatory policies and dire living conditions. On 31 October

2014, Lebanon closed its borders to refugees from Syria and requested in May 2015 that UNCHR cease

registering refugees.

Between mid-2019 and late 2020, Lebanese authorities deported over 6,000 Syrians to Syria, based on a

2019 official decision to return any Syrians who would have entered after April 2019 in

an “illegal” manner.

In July 2020, Lebanon adopted a plan

providing a framework for organizing Syrian refugees’ return to Syria.

The policy paper states that its goal is to “accelerate the safe return” of Syrian refugees and has “the aim of

building trust

with the displaced [refugees] to urge them to take the decision to return”.

In September of that

year, the Lebanese President, speaking before the UN General Assembly, stated that “most of the Syrian

territories have become safe” and that “the Lebanese

government seeks help to implement the plan it had

adopted for the return of the displaced Syrians now that circumstances for their return are more favourable”.

In parallel, the economic and financial crisis that hit Lebanon hard in late 2019, restrictions adopted in order

to curb the spread of COVID-19 and the Beirut blast in August 2020 have had a devastating impact on people

living in Lebanon, including Syrian refugees. Unemployment rise, currency collapse and subsequent increase

Refugee Protection Watch,

Trapped in between Lebanon and Syria,

The absence

of durable solutions for Syria’s

refugees, October 2020, p.23.

Interview by voice call, 7 April 2021.

Syrian Ministry of Foreign Affairs,

Syria calls its citizens who were forced to leave the country because of the terrorist

attacks to return to their home country,

3 July 2018, mofaex.gov.sy/ar/news856

International Crisis Group,

Easing Syrian Refugees’ Plight in Lebanon,

13 February 2020, p.21.

AP,

Assad blames West for hindering return of refugees to Syria,

11 November 2020, apnews.com/article/virus-

outbreak-middle-east-lebanon-damascus-bashar-assad-9fc38c2649506dbd5aea6c3ba69948b6

For example Daraya and Yarmouk. Interview by voice call with Haid Haid, consulting associate fellow at Chatham

House, 18 June 2021.

Lebanese Ministry of Interior, letter to Amnesty International, 26 February 2021, on file with Amnesty International.

Lebanese Ministry of Social Affairs,

“General

policy paper for return of

refugees”,

July 2020, p.6. Document on file with

Amnesty International.

Address by General Michel Aoun, President of the Lebanese Republic, UN General Assembly, 75

session, 23

September 2020, pp.69-70, documents-dds-ny.un.org/doc/UNDOC/GEN/N20/246/12/PDF/N2024612.pdf

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

of prices, including of basic commodities, have led to a rise in the of level of hunger and increased poverty.

In December 2020, 89% of Syrian refugee households lived below the extreme poverty line and the vast

majority faced increased barriers to obtaining valid residency visas, living in safe shelters, and accessing the

job market and services such as education and health care.

With Lebanese political figures blaming them

for the deteriorated security and economic situation, Syrian refugees have lived in an increasingly hostile

environment, compounded by the reduction in the humanitarian support they receive.

These conditions have thus pushed refugees to return to Syria. Amnesty International considers that the

coercive environment in which these returns have been taking place makes it impossible for them to be

voluntary.

When refugees leave Lebanon, their residency permit is automatically revoked. Lebanon additionally imposes

a permanent re-entry ban into Lebanon for Syrian nationals entering Syria from a Lebanese official border

crossing.

These rules therefore prevent Syrians from entering Lebanon regularly again, even if they face

violations upon return in Syria.

3.2.2 TURKEY

In Turkey, where 3.6 million Syrian refugees live, rising resentment from the Turkish population towards

refugees has prompted a shift of policy. In mid-July 2019, President

Recep Tayyip Erdoğan, stated: “Due to

the reactions coming from citizens, we need to elaborate new policies for Syrians. We will encourage them to

return. Criminals will definitely be deported.”

Restrictive administrative measures and crackdown followed

this announcement, stepping up pressure on refugees.

The Turkish government is also seeking to create

conditions that are conducive to return by establishing so-called

“safe zones” in northern Syria, in areas under

its control.

In addition, Amnesty International has documented consistent forcible returns of Syrians from

Turkey since 2014.

3.2.3 JORDAN, IRAQ, EGYPT

Jordan hosts 669,497 refugees from Syria, Iraq 245,952 and Egypt 133,568.

The Jordanian, Iraqi and

Egyptian governments have so far taken no measures to incentivize or facilitate large-scale returns of Syrian

refugees. Jordan did not take part in the conference on returns organized by Syria in November 2020.

3.3

EUROPEAN COUNTRIES’ POLICY

In November 2020, the European Union (EU) High Representative

stated: “Conditions inside Syria at present

do not lend themselves to the promotion of large-scale voluntary return, in conditions of safety and dignity in

line with international law. The limited returns that have taken place illustrate the many obstacles and threats

still faced by returning internally displaced persons and refugees, in particular forced conscription,

United Nations,

Lebanon ‘fast spiraling out of control’ leaving many destitute and facing starvation,

warns Bachelet,

July 2020, news.un.org/en/story/2020/07/1068141

UNHCR, “Nine

out of ten Syrian refugee families in Lebanon are now living in extreme poverty, UN study says”,

December 2020.

Amnesty International, Lebanon:

Why are returns of refugees from Lebanon to Syria premature?

(Index:

MDE18/0481/2019). Human Rights Watch,

Lebanon: Syrian refugee shelters demolished,

5 July 2019,

hrw.org/news/2019/07/05/lebanon-syrian-refugee-shelters-demolished

Amnesty International, “Lebanon:

Wave of hostility exposes hollowness of claims that Syrian refugee returns are

voluntary”, 12 June 2019,

https://www.amnesty.org/en/latest/news/2019/06/lebanon-wave-of-hostility-exposes-hollowness-

of-claims-that-syrian-refugee-returns-are-voluntary/

iMMAP,

Return pathways from Lebanon to Syria,

May 2021, p.12.

BLT Türk, Cumhurbaşkanı

Erdoğan,

Suriyelilerle

İlgili Kararını Verdi, 13 July 2019,

bltturk.com/haber- cumhurbaskani-

erdogan-suriyelilerle-ilgili-kararini-verdi-6143.html

Amnesty International,

Sent to a War Zone: Turkey’s Illegal Deportations of Syrian Refugees

(Index: EUR

44/1102/2019), 25 October 2019, amnesty.org/en/documents/eur44/1102/2019/en/ p.9.

EuroMed Rights, Return Mania. Mapping policies and practices in the EuroMed region, March 2021,

euromedrights.org/wp-content/uploads/2021/03/EN_Chapter-7-Turkey_Report_Migration.pdf p.8

Amnesty International,

Sent to a War Zone: Turkey’s Illegal Deportations of Syrian Refugees

(Index: EUR

44/1102/2019), 25 October 2019, amnesty.org/en/documents/eur44/1102/2019/en/

UNHCR, Operational data portal, data2.unhcr.org/en/situations/syria

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

indiscriminate detention, forced disappearances, torture, physical and sexual violence, discrimination in

access to housing, land and property

as well as poor or inexistent basic services.”

In March 2021, a resolution of the European Parliament called

on all EU Member States to “refrain from

shifting national policies towards depriving certain categories of Syrians of their protected status, and to reverse

this trend if they were already applying such policies.”

Still, some EU countries have begun to negatively reconsider the protection they afford to people from Syria,

based on their assessment that some areas of Syria, such as Damascus and Damascus countryside, are now

safe because indiscriminate violence caused by military activity has decreased. As a result, some countries

have taken specific measures (see below).

While European countries have not started to directly return people to Syria yet, perception of the risks upon

return has been shifting, undermining the level of protection granted. In parallel, internal political dynamics

and upcoming elections in France, the Netherlands and Sweden may further weaken refugees’

positions.

DENMARK

Denmark hosts 19,964 refugees from Syria.

It has deemed Damascus and its surrounding area safe for

return.

As a result, Danish authorities have reviewed the protection status of hundreds of people from

Damascus and Damascus area and stripped at least 402 people of their residency permits or did not renew

their residency permit between 1 January 2020 and 1 June 2021. These cases have subsequently been heard

at the Danish Refugee Appeals Board. Confirmation of the decision to revoke or not renew residency permits

would put affected individuals at risk of being forcibly returned as soon as Denmark re-establishes diplomatic

ties with the Syrian government.

By 1 June 2021, the Refugee Appeals Board had put at least 48 people

from Syria in a definitive ‘return position’.

Denmark is the first European country to take such a step.

SWEDEN

While 114,054 refugees from Syria live in Sweden, in 2019, Swedish authorities announced the end of

automatic residency to Syrian asylum-seekers coming from regions where they assessed that the security

situation had improved, including Damascus and Damascus countryside.

This decision has not affected

people who had already been granted asylum.

GERMANY

Germany is the largest European host country, with 560,000 refugees from Syria.

The government considers

at the moment that no area is safe for return. However, at the end of 2020, the general ban on deportations

to Syria expired and was not renewed. Deportations of Syrians convicted of serious crimes have since been

allowed, although no deportation had taken place at the time of writing.

Syria: Declaration by the High Representative on behalf of the EU on the refugee conference in Damascus, 10

November 2020, consilium.europa.eu/en/press/press-releases/2020/11/10/syria-declaration-by-the-high-representative-

on-behalf-of-the-eu-on-the-refugee-conference-in-damascus

European Parliament resolution of 11 March 2021 on the Syrian conflict

–

10 years after the uprising (2021/2576(RSP),

europarl.europa.eu/doceo/document/TA-9-2021-0088_EN.html

UNHCR, Denmark Fact sheet, February 2021, reporting.unhcr.org/sites/default/files/Bi-

annual%20fact%20sheet%202021%2002%20Denmark.pdf

Integrationsministeriet, ”Regeringen saetter gang i genvurdering af syriske flygtninges behov for beskyttelse”, 28 June

2020regeringen.dk/nyheder/2020/regeringen-saetter-gang-i-genvurdering-af-syriske-flygtninges-behov-for-beskyttelse/

Amnesty International,

Denmark: Hundreds of refugees must not be illegally forced back to Syria warzone,

26 April

2021, amnesty.org/en/latest/news/2021/04/denmark-hundreds-of-refugees-must-not-be-illegally-forced-back-to-syrian-

warzone/

European Council on Refugees and Exile, Sweden: Migration agency declares parts of Syria safe, 5 September 2019,

ecre.org/sweden-migration-agency-declares-parts-of-syria-safe

UNHCR, Sweden Fact sheet, February 2021, reporting.unhcr.org/sites/default/files/Bi-

annual%20fact%20sheet%202021%2002%20Sweden.pdf

UNHCR,

Syria Refugee Crisis

–

Globally, in Europe and in Cyprus,

18 March 2021, unhcr.org/cy/2021/03/18/syria-

refugee-crisis-globally-in-europe-and-in-cyprus-meet-some-syrian-refugees-in-cyprus

Deutsche Welle,

Germany: Ban on Syria deportations will be allowed to expire,

11 December 2020,

dw.com/en/germany-ban-on-syria-deportations-will-be-allowed-to-expire/a-55901604

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

4. TARGETING OF RETURNEES

“Why did you leave Syria? Because you don’t like Bashar al-

Assad and you don’t like Syria? You’re a terrorist … Syria is

not a hotel that you leave and return to when you want.”

Syrian security official at the Al-Baqi’a-Tal Kalakh border crossing, to Noor who returned from Lebanon, before raping her and her

five-year old daughter.

Amnesty International’s research findings since the beginning of the crisis in 2011

indicate that anyone

perceived as opposing the government is at risk of arbitrary detention, torture and other ill-treatment, enforced

disappearance and death in custody.

From the outset of the protests in 2011, and during the conflict, the

Syrian government has treated opposition members

–

whether protesters, activists, or members of armed

groups

– as “terrorists”, a label which they use to justify fierce repression.

According to the returnees’ testimonies collected by Amnesty International, corroborated

by experts, Syrian

officials have viewed refugees returning as having been disloyal to their country, either because of the fact that

they fled or because of the place where they sought refuge.

Syrian authorities, Amnesty International was

told, consider that if people felt at risk in areas under their control, it necessarily means they were involved in

anti-government activities; and that the authorities further perceive refugees as traitors, given that they readily

incriminate the Syrian government before host counties in order to obtain protection there.

On this basis,

Syrian officials perceive individuals who left the country as generally supportive of the opposition and/or armed

groups, which in both cases, is tantamount to “terrorism” in the eyes of Syrian authorities, according to both

returnees and experts.

As a result, Syrian authorities have exercised such scrutiny on people who were displaced and are returning

to their area of origin.

Amnesty International documented 24 cases of men, women and children returnees who were subjected to

rape or other forms of sexual violence, arbitrary detention and/or torture or other ill-treatment upon return as

a direct consequence of such perceptions and scrutiny, deriving from their displacement. In 12 of these cases,

security officials accused returnees of leaving Syria, and immediately afterwards committed abuses against

Interview by voice call, 14 December 2020.

Amnesty International,

Syria: “It Breaks the Human”: Detention, Torture, Disease and Death in Syria’s Prisons

(Index:

MDE 24/4508/2016), 18 August 2016 amnesty.org/en/documents/mde24/4508/2016/en/

Interview by voice call, 14 December 2020.

Interviews by voice call with a researcher at the Violations Documentation Center, 15 July 2020; With a Syria expert at

the European Institute of Peace (EIP) , 20 November 2020; Interview in person with Aoiss Al Dobouch, Legal and Human

Rights Adviser at Syria Justice and Accountability Center, 8 June 2021, France. See also Syria Justice and Accountability

Center,

Refuge No More: The Danger of Forced Returns to Syria,

22 June 2021, syriaaccountability.org/library/refuge-no-

more-the-danger-of-forced-return-to-syria/ p.11.

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

them, according to testimonies.

And in 15 cases, security officers accused returnees of

being “terrorists”

based on the place where they sought refuge, also immediately leading to serious human rights violations.

The targeting of returnees because of their perceived opposition to the government, documented in this report,

is consistent with Amnesty’s previous documentation showing that individuals perceived as opponents in Syria

are at risk of serious human rights violations.

4.1 RETURN PROCESS AND EXPECTATIONS

There is no official and uniform return procedure established by Syrian authorities for refugees. Security

agencies, run by intelligence services, are the main actors overseeing returns at the local level.

There is no

official “reconciliation” process outside of Syria and returnees can only “settle” their situation vis-à-vis

the

government once they are back.

The return process entails screenings at various stages: sometimes prior to return when refugees undertake a

security clearance, whether individually or as part of organized returns; at border crossings; or after return in

a returnee’s home village.

4.1.1 CLEARANCE AND SETTLEMENT

SECURITY CLEARANCE PRIOR TO RETURN

Before returning, some refugees

have attempted to find out whether their name is on security agencies’ wanted

lists and try to clear it, in order to avoid being arrested upon return, interviewees and expert told Amnesty

International.

But many refugees are unaware of the possibility of doing so. In order to complete security

clearance, refugees can approach different intermediaries. Official channels include the Syrian embassy in

the host country or the General Security Office in Lebanon as part of organised returns from Lebanon,

according to the returnees interviewed by Amnesty International, as well as experts.

They send names to

authorities in Damascus, which will reply indicating whether the individual can return.

Some refugees use

unofficial channels by asking their network inside Syria and paying bribes.

Additionally, refugees have the

possibility to go through local committees in their hometown, that in some cases could facilitate returns and

act as intermediaries with security officials.

According to experts, people considered disloyal to the Syrian

government will not be cleared for return, but precise criteria remain unclear, especially since the security

apparatus is opaque and decentralised.

Refugees hope that by completing security clearance they will not be arrested at the border, but, as this report

indicates, Syrian people returning have been arrested both at the border or in the days or weeks following

return.

Interviews by voice call, 14, 16 and 17 December 2020; 28 January, 23 March, 19 and 31 May, 2 and 15 June 2021;

Interview in person, 21 May 2021, Lebanon.

Three returnees have been both blamed for leaving Syria and accused of being “terrorists”.

Interviews by voice call, 17 December 2020, 13, 19, 27, 28 January, 11 February, 23 March, 15 June 2021.

Amnesty International,

Syria: “It Breaks the Human”: Detention, Torture, Disease and Death in Syria’s Prisons

(Index:

MDE 24/4508/2016), 18 August 2016 amnesty.org/en/documents/mde24/4508/2016/en/

Interview with Haid Haid, 18 June 2021.

Interviews by voice call 21 October, 14 December 2020, Interview in person 20 May 2021, Interview with Haid Haid, 18

June 2021.

Interviews by voice call 21 October, 14 December 2020, 7 April 2021. Interview with. Interview with Aoiss Al Dobouch,

8 June 2021.

International Crisis Group,

Lessons from the Syrian State’s Return to the South,

25 February 2019, p.23.

International Crisis Group,

Lessons from the Syrian State’s Return to the South,

25 February 2019, p.17.

International Crisis Group,

Lessons from the Syrian State’s Return to the South,

25 February 2019, p.17.

Interview by voice call with a researcher at the Syrian Network for Human Rights (SNHR), 20 October 2020; With Haid

Haid, 18 June 2021.

Interview by voice call with Haid Haid, 18 June 2021. Syria Justice and Accountability Center,

Refuge no more: The

danger of forced returns to Syria,

22 June 2021, https://syriaaccountability.org/library/refuge-no-more/ p.11. European

Institute of Peace (EIP),

Refugee Return in Syria: Dangers, security risks and information scarcity,

July 2019,

ecoi.net/en/document/2018602.html, pp. 22-23.

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

SETTLEMENT UPON RETURN

At the border crossing, in some cases, security officials give a form to returnees, requesting them to visit an

intelligence branch in order to complete their security settlement.

Once refugees have returned to Syria, they have to “settle [their] status” (taswiyat

al-wadaa).

This process

entails one, or several, intelligence branch’s interrogation of returnees about political activities, spanning from

participating in peaceful demonstrations, providing humanitarian aid to opposition-held area, to fighting with

armed groups.

At the end of the process, if cleared, individuals receive a document attesting that they

completed “settlement” and security officials are supposed to remove them from wanted lists.

However, security actors do not coordinate and are not centralized;

as a result, the names of “cleared”

returnees remain on wanted lists in some cases and some have subsequently been arrested as a result of the

lack of coordination between intelligence agencies, according to testimonies and experts.

UNHCR stated in

its latest assessment of conditions in Syria that, “having ‘settled one’s status’ does not guarantee that the

individual is safe from arbitrary arrest.”

ARRESTS DESPITE CLEARANCE

“I did [clearance] before returning. I was clear, so it surprised me when I was arrested.”

Khalil, who was arbitrarily detained for six months upon return.

Out of the 53 cases of adult returnees, 22 went through either a formal or informal clearance process before

going back to Syria, according to testimonies. They said that they undertook clearance through various

channels: with Syrian authorities, as part of returns organized

by national authorities (see 4.1.2 “Organized

returns”); obtaining

a pass at the Syrian embassy; or inquiring through personal networks inside the country

by paying money to be informed whether one’s name is on the wanted list.

All interviewees said that they

were not aware of any clear procedure or resulting guarantees afforded by this process. They also expressed

confusion with another internal vetting process allowing internally displaced people to return, which consists

of local agreements following the capture of opposition-held areas by the Syrian military, presented by the

Syrian government as “reconciliation”.

Twelve refugees who did a security clearance at the Syrian embassy in Amman or returned through an

organized return operation, in which Syrian authorities were involved, as well as Lebanese authorities, expected

this process to give them some security guarantee against arrest.

Yet, intelligence officials arrested them

when they returned.

The information Amnesty International collected from testimonies and experts indicate that clearance does not

protect from arrests.

Interviews by voice call with a researcher at SNHR; Syria Justice and Accountability Center,

Refuge no more: The

danger of forced returns to Syria,

22 June 2021, p.11.

European Institute of Peace (EIP),

Refugee Return in Syria: Dangers, security risks and information scarcity,

July 2019,

p.5

International Crisis Group,

Lessons from the Syrian State’s Return to

the South,

25 February 2019, p.2.

Interview by voice call 27 January, 8 April 2021, Interview by voice call with Haid Haid, 18 June 2021.

UNHCR, International Protection Considerations with regard to people fleeing the Syrian Arab Republic

–

Update VI,

March 2021, p.106.

Interview by voice call, 16 June 2021.

Interviews by voice call, 21 October, 14, 17 December 2020, 17 February, 7 April, 15 June 2021. Interviews in person

19, 20 May 2021, Lebanon.

Starting in 2014,

the Syrian government’s military

strategy focused on using siege and starvation against civilians as a

tactic to pressure armed groups to negotiate a deal to surrender. The deals negotiated and promoted by the Syrian

government as local “reconciliation” deals

involved the surrender of armed opposition groups in exchange for the safe

evacuation of civilians and fighters to areas under opposition control. People wishing to remain in the area are required to

go through a process involving filling documents and providing information about anti-government’s

activities.

Amnesty International,

Syria: ‘We leave or we die’: Forced displacement under Syria’s ‘reconciliation’ agreements,

(Index:

MDE 24/7309/2017), 13 November 2017, amnesty.org/en/documents/mde24/7309/2017/en/, Haid Haid, Chatham

House, “The details of ‘reconciliation deals’ expose how they are anything but”, August 2018,

syria.chathamhouse.org/research/the-details-of-reconciliation-deals-expose-how-they-are-anything-but-a-closer-look-at-

the-regimes-process-reveals-its-real-goal-retribution-and-control

Interviews by voice call, 21 October, 16 November 2020, 19 January, 7 April 2021; interviews in person, 20, 21 May

2021, in Lebanon.

Interviews by voice call with a researcher at SNHR, 20 October 2020, with Haid Haid, 18 June 2021; Also see

International Crisis Group,

Lessons from the Syrian State’s Return to the South,

25 February 2019, p.12; Syria Justice and

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

4.1.2 ORGANIZED RETURNS

In Lebanon, the Lebanese government, and in Rukban, the UN in collaboration with the Syrian government,

organized collective return operations, mainly in 2018 and 2019.

LEBANON

In July 2018, the Lebanese government announced that refugees could go back to Syria under an agreement

with the Syrian government and tasked the Lebanese General Security to facilitate these returns.

According

to this agency, refugees must apply for return at the registration offices run by them across Lebanon or at the

offices of political parties. General Security then compiles all the names of refugees who registered for return

and organize transportation in buses to the Syrian border. Per the bilateral agreement with the Syrian

government, the General Security is meant to send lists of names of registered refugees to the Syrian

government for screening before their return to Syria. Refugees whose names were approved by the Syrian

government were then supposed to gather at the registration offices to board the buses provided by General

Security and cross into Syria.

These operations were suspended in February 2020 because of Covid-19.

Registration resumed

in December 2020, but according to Amnesty International’s information, no organized

return operation has taken place since.

One of the returnees interviewed by Amnesty International described the process by which she and her family

were

registered before travelling to Syria. “In the summer 2019, we came back with the reconciliation convoy.

It was a joint convoy involving the Syrian regime, the Lebanese army, and the Lebanese General Security. I

registered in Arsal municipality. We waited for the approval. It came one month later. We received a message

from the Lebanese General Security on the phone, with the name of the family, the number of family members

and the number of our General Security card,” Hiba said.

She reported that people wearing UNHCR vests

were monitoring the returns at the border.

Amnesty International spoke to seven men and women who returned through these organized operations and

one woman whose two brothers returned in the same way. Syrian security officials subsequently arbitrarily

detained five of the interviewees and nine of their husbands or brothers.

RUKBAN

Rukban is an informal settlement in no-man’s

land between the Jordanian and the Syrian border, also known

as “the berm”. In early 2015, tens of

thousands of people seeking safety from the conflict in Syria ended up

stranded in “the berm”, near the Rukban and Hadalat crossings. An estimated 75% of the berm’s population

have returned to Syria since mid-2015, according to the UN.

In September 2019, the Syrian Arab Red Crescent and the Syrian government, with the support of the UN,

organized the transfer of several hundred people from Rukban to Homs.

Interviewees said that they

submitted their name for clearance, even though the exact process remained unclear. Rukban residents

boarded buses and were taken to collective shelters in Homs where Syrian authorities held them and screened

them (see 6.3 “Detention

of returnees at

screening sites”).

Wassim, who said he took part in another organized return operation in May 2019 involving Russian soldiers

and a humanitarian organization he could not identify, recounted the process from the first checkpoint

controlled by the Syrian authorities after leaving Rukban: “They split men from women and children. They

took our names. We slept one night there. The next day they brought buses: there were 24 buses and 60 cars.

They took us to Damascus, then to Homs. At a checkpoint, there were a lot of Russian soldiers who took

pictures of us. Syrian intelligence members escorted us. We arrived at a school in Homs, in Bayada

neighbourhood. Air Force intelligence was in charge. They took the names of everyone on the buses. The next

day, they checked our names again.”

After completing the screening, security officials subsequently

Accountability Center,

Refugee No More: The Danger of Forced Returns to Syria,

22 June 2021, p.11; European Institute

of Peace (EIP),

Refugee Return in Syria: Dangers, Security Risks and Information Scarcity,

July 2019, p. 23.

The Directorate of General Security, under the Ministry of Interior, is responsible for border control and exercises some internal

domestic security responsibilities. See: https://www.general-security.gov.lb/ar/posts/315

Amnesty International,

Lebanon: Why are returns of refugees from Lebanon to Syria premature?

(Index: MDE

18/0481/2019), p.1.

Twenty-one organized returns involving General Security took place between mid-2018 and February 2020.

Interview in person, 20 May 2021, Lebanon.

Interview by voice call, 21 October 2020; interviews in person, 20, 21 May 2021, Lebanon.

Interviews by voice call, 19, 27 January 2021. UN HRC,

Report of the Independent International Commission of Inquiry,

28 January 2020, A/HRC/43/57 Para. 86.

Interview by voice call, 27 January 2021.

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

transferred and detained a group of returnees, including Wassim, to intelligence facilities, according to

testimonies. This account tallies with UN and Syrian human rights organizations’ reports.

Syrians who returned from Rukban told Amnesty International that Syrian authorities collectively consider

people living there to be “terrorists”.

For example, when he was interrogated after returning from Rukban in

May 2020, Khalil, who was arbitrarily detained for six months, said that an officer told

him: “Why didn’t you go

to Homs or Hama and went to Rukban? They’re all terrorists in Rukban. You preferred to join the terrorists in

Rukban rather than civilians in Homs or in other places.”

Samer, who lived in Rukban for six years before returning to Homs in 2019 and being arrested, told Amnesty

international: “They [Syrian authorities] hate people from Rukban. They think that they all have links with

terrorism and should be mistreated.” Samer said that intelligence members subsequently arbitrarily detained

him and forcibly disappeared him for nine months, during which time they tortured him.

Security officials

arbitrarily detained all 10 individuals returning from Rukban whose cases Amnesty International documented,

and subjected three returnees to torture or other ill-treatment and forcibly disappeared two individuals,

according to testimonies.

Return processes involving screening, through individual security clearance or as part of organized returns

have allowed Syrian authorities to identify returnees who they deem as suspects.

4.2 ACCUSATIONS AND PERCEPTIONS

“You escaped when the country needed its people.”

An agent told Sabah, when she returned to Damascus.

“They told him: ‘You’re a terrorist, and your sons are terrorists. That’s

why you left Syria.’ … They accused him of leaving Syria to collect

money and finance terrorist groups.”

Mazen telling his father’s account of an interrogation upon return.

Twelve Syrian people who spoke to Amnesty International said that security officials explicitly criticized their

decision to flee the country and/or questioned their motive to return, subsequently sexually assaulting them,

arbitrarily detaining them and/or subjecting them to torture and other ill-treatment.

According to testimonies,

officers blamed returnees for going abroad instead of seeking refuge in government-controlled areas and

standing by the side of the Syrian army.

In 2017, Aya, returned to Syria with her three daughters and her son, after living in Turkey for two years. At

the border crossing, an officer asked her: “You left Syria. And you want to return now that we have destroyed

the terrorists? Why didn’t your son help us fight terrorists?”

He then raped her and arrested her son who has

since been disappeared, Aya said (see 5.1 “Rape” and 8 “Enforced disappearance”). Similarly, when Alaa

Interviews by voice call, 13, 19 January, 11 February. Interview in person, 21 May 2021, Lebanon. Interviews by voice

call with a researcher at SNHR, 20 October 2020, UN HRC,

Report of the Independent International Commission of

Inquiry,

28 January 2020, A/HRC/43/57, Para. 86. SJAC,

Residents of Rukban Camp Face Siege, Limited Aid, and

Dangers in Reconciled Areas,

11 July 2020, syriaaccountability.org/updates/2020/06/25/residents-of-rukban-camp-face-

siege-limited-aid-and-dangers-in-reconciled-areas/

Interviews by voice call, 19, 27 January, 11 February, 23 March, 15 June 2021.

Interview by voice call, 15 June 2021.

Interview by voice call, 19 January 2021.

Interviews by voice call, 19, 28 January, 23 March 2021.

Interview by voice call, 17 February 2021.

Interview by voice call, 19 May 2021.

Interviews by voice call, 14, 16 and 17 December 2020; 28 January, 23 March, 19 and 31 May, 2 and 15 June 2021;

Interview in person, 21 May 2021, Lebanon.

Interview by voice call, 17 December 2020.

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

returned from Lebanon in the summer of 2017, she said that the agent who interrogated her at the border

crossing told her: “Why did you escape? Why didn’t you go to Damascus? You escaped because you didn’t

want to support the Syrian army that protects you.”

Security agents transferred Alaa and her 25-year-old

daughter to an intelligence branch, where they arbitrarily detained the two women for five days (see 6.2

“Detention on unnecessary and unreasonable grounds”). During interrogation, an intelligence member

told

Alaa: “Why didn’t you go to Homs and Damascus [areas under the control of the government]? You want to

speak against [President] Assad abroad?,” Alaa recounted. “He also asked us why we returned. I said that I

wanted to return to my home. He said: ‘We bet that you want to return to ISIS [armed group Islamic State].’”

The intelligence officer then raped her daughter, Alaa told Amnesty International (see 5.1 “Rape”).

Amnesty International’s research indicates that the mere fact of fleeing abroad was sufficient

to raise suspicion.

For example, Ola, who returned from Lebanon with her brother in 2019, said that security officials asked her

why she had returned when they visited her house in the weeks following her return. “They see us as terrorists

because

we left to Lebanon,” Ola said. Security forces had arrested Ola’s brother at the border crossing and

subjected him to an enforced disappearance. Five months later, authorities informed his family that he died

in detention, according to Ola.

In some cases, testimonies also indicate that security officials suspect

returnees may return in order to carry out violent action. For example, security members arrested Karim four

days after his return to his village in Homs province. He recounted one interrogation

during his detention: “He

[an officer] said: ’You came to ruin the country and complete what you started before you left.’ I said that I

was coming to my home country, to my village. He beat me a lot.”

Karim told Amnesty international that

security officials detained him for six-and-a-half months and tortured him during his detention. Security

officials also arrested Mazen’s father, a

72-year-old man, when he returned to the same village. He told Mazen

that an agent had asked him during his detention: “Why

did you come back? You came back to do more

damage?”

Security forces arbitrarily detained Mazen’s father for two months and tortured him several times,

Mazen said.

Five returnees told Amnesty International that authorities had accused them of collecting money abroad and

“financing terrorism”.

For example, Ibrahim said that his cousin who was a refugee in France and returned

to Damascus in early 2019 also faced the accusation of financially supporting “terrorism”. His cousin’s lawyer

told Ibrahim that the anti-terrorism court has been investigating his cousin for collecting money in Europe and

financing terrorism-related

activities in Syria. Security forces arrested Ibrahim’s cousin, his wife and their three

young children at the border crossing and have forcibly disappeared them since, according to Ibrahim (see 8

“Enforced disappearance”).

When security forces interrogated Ashraf, a construction worker from Zabadani,

Damascus, after arresting him at a checkpoint in Homs province the day he returned to Syria, they accused

him in a similar way: “He [an officer] kept telling me that I was sending money to terrorists in Zabadani,

Ghouta, Damascus. I replied: ‘I don’t have enough money to live in Lebanon. How could I send money to

Syria?’” Ashraf said. Security

officials subsequently detained him for six-and-a-half months and tortured him,

according to his testimony.

Living abroad raised another type of suspicion for Yasmin, who returned from Lebanon. Yasmin said that at

the border crossing, an intelligence agent accused her of spying for a foreign country:

“They trained you. They

taught you languages. They trained you to use a satellite. Why did you go to Lebanon in 2016 and come back

now? … They put you in an espionage training camp,” the investigator

said, according to Yasmin. The agent

then raped Yasmin and another one raped her teenage

son, Yasmin recounted (see 5.1 “Rape”).

Syrian officials have accused returnees of being “terrorists” based on the place where they sought refuge.

People returning

from Rukban for example, have been labelled as “terrorists” (see 4.1.2 “Organized returns”);

testimonies of security officers’ comments indicate they accuse returnees of holding the same political views

as the host countries’ official positions –

for example, refugees who were based in the Gulf and Turkey told

Amnesty International that the Syrian authorities accused them of supporting these governments.

During interrogation at the border crossing, security members told Aya who returned from Turkey with her

daughters: “You’re terrorists… you’re Turkish, you’re Erdoganists,” before raping her, Aya said.

Similarly,

Interview by voice call, 14 December 2020.

Interview in person, 21 May 2021, Lebanon.

Interview by voice call, 28 May 2021.

Interview by voice call, 19 May 2021.

Interviews by voice call, 16 November 2020, 19 January, 17 February, 11, 19 May 2021.

Interview by voice call, 16 November 2020.

Interview by voice call, 11 May 2021.

Interview by voice call, 16 December 2020.

Interviews by voice call, 17 December 2020, 13, 19, 27, 28 January, 11 February, 23 March, 15 June 2021.

Interview by voice call, 17 December 2020, 2 June 2021.

Interview by voice call, 17 December 2020.

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

Sema who lived for seven years in the UAE before returning to Damascus to be with her sick father, said that

agents who interrogated her at Damascus

airport threw accusations at her: “They insulted me and all Syrians

who live in the Gulf, saying that we are all prostitutes…He said: ‘You’re Hamad’s [Hamad bin Khalifa Al Thani,

the Emir of Qatar] slave. They [Gulf officials] taught you how to cause

disorder, how to ruin the country.’” Sema

said that security members detained her and sexually assaulted her.

An interviewee with whom Amnesty International spoke also said that security officials arrested two returnees

who professed to be supportive of the government.

This is what happened to Zahra’s husband when they

returned with their two children from Lebanon in 2018. “My husband is not an opponent, he supports the

regime,” Zahra said. She said that during the interrogation at the border

crossing, her husband showed [the

officers] that he had a picture of Bashar al-Assad in his phone. Still, security forces arrested him and have

forcibly disappeared him.

Accusations against these returnees and subsequent violations underline the

Syrian

authorities’ hostile perceptions towards those who sought safety outside of the country.

Hostile perceptions coupled with identification of returnees at border crossings are putting returnees at real

risk of violations, as these cases indicate. All the returnees or relatives who told Amnesty International that

they, or their relatives, had been targeted or accused in relation to their displacement reported that they, or

their relatives, subsequently suffered one or several violations documented in this report.

FORCED RETURNS FOLLOWED BY HUMAN RIGHTS VIOLATIONS

Amnesty International has investigated two cases of Syrian refugees who were forcibly returned to Syria

from Lebanon and then subjected to human rights violations.

Lebanese security officials arrested Imad, 21, for allegedly belonging to an armed group in Syria when he

was below the age of 16, according to his father, his lawyer and legal documents reviewed by Amnesty

International. He was sentenced to three years of prison in Lebanon. As he was serving his sentence, a

public prosecutor filed a deportation order on the basis of an alert from another Lebanese prosecutor.

Imad’s lawyer filed a submission to halt the deportation, which was rejected.

Lebanese authorities

handed Imad over to Syrian security forces at Jdeidat-Yabous crossing alongside four other Syrian

refugees.

Once in Syria, his father said that Syrian intelligence members interrogated and detained Imad at a military

intelligence facility in Damascus, where they beat him. After appearing at a court set up to try terror-

related crimes, Imad was eventually released because the family bribed the authorities, his father said. A

few months later Imad was forced to join the military and his father fears that he will be sent to fight in

Idlib.

In another case, in the autumn of 2019, Lebanese security forces arrested and deported Moaz because

he had no residency permit, according to his brother Houssam.

He said that Moaz found a smuggler at

the border crossing and managed to avoid official checkpoints. But eight months later, security forces

arrested him on the basis that he had taken part in demonstrations, and then detained him for five

months. During the detention, security forces tortured Moaz and subjected him to sexual violence,

Houssam recounted. Authorities eventually released him after his family paid bribes.

Interview by voice call, 2 June 2021. Gulf countries, including Qatar, have supported the Syrian opposition.

Interview by voice call 1 June 2021.

Interview by voice call, 1 June 2021.

Official report on file with Amnesty International, details omitted.

Amnesty International reviewed official documents mentioning the appeal.

Official report on file with Amnesty International, details omitted.

Interview with Imad’s father,

7 September 2020.

Interview by voice call, 22 October 2020. The decision of deportation is based on a 2019 official decision to return any

Syrians who would have entered after April 2019 in an “illegal” manner. See 3.1 “Syria’s policy”.

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

5. SEXUAL VIOLENCE

“This is to

welcome you to your country. If you get out of Syria

again and come back again, we will welcome you even better.

We want to humiliate you and your son. You will not forget

humiliation in all your life.”

A security member told Yasmin after he raped her the day she returned from Lebanon.

100

Amnesty international documented 14 cases in which security officials committed sexual violence against

children, women and men returnees, including seven cases of rape.

101

Sexual violence took place at border

crossings or in detention centres during questioning the day of return or shortly after. Security members also

sexually harassed six women and harassed four other women returnees whose husbands were detained in

order to pressure them, according to testimonies.

102

Testimonies of rape are consistent with patterns of sexual

violence and rape committed against civilians and detainees during the conflict by pro-government forces.

103

A Syrian researcher, currently undertaking a Ph.D. thesis on gender-based violence during the Syrian conflict,

reported similar findings: “I interviewed about a hundred men and women who returned to Syria between

2019 and 2021. Seventeen, 10 men and seven women, reported sexual violence

and others probably didn’t

mention it because they were afraid. It’s a lot and it shows that authorities still use sexual violence as a tool to

torture… The regime wants to take revenge on people who left Syria. They think that they should have stayed

and fought alongside [President] Assad. They think that they left Syria because they have an agenda, like

working with foreign countries, especially with Gulf countries,” she said.

104

Interview by voice call, 16 December 2020.

Interviews by voice call, 21, 22 October, 14, 16, 17 December 2020, 19, 31 May, 1, 2 June 2021.

102

Interviews by voice call 14 December 2020, 1, 2 June 2021. Interviews in person, 20, 21 May 2021, Lebanon.

103

HRC, “I lost my dignity”: Sexual and gender-based

violence in the Syrian Arab Republic, 8 March 2018, UN Doc.

A/HRC/37/CRP.3 and

Marie Forestier, “’You

want freedom? This is your freedom’: Rape as a tactic of the Assad regime”,

LSE Centre for Women, Peace and Security, February 2017, lse.ac.uk/women-peace-

security/assets/documents/2017/wps3Forestier.pdf

104

Interview by voice call, 10 June 2021.

100

101

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

5.1 RAPE

“We’re going to rape your daughter and impregnate her.”

A military intelligence member told Alaa when detaining her with her 25-year-old daughter upon return from Lebanon.

105

Amnesty International documented seven cases of rape committed by security forces, against five women, a

13-year-old boy and a five-year-old girl.

106

Interviewees said that security officers raped returnees during

questioning, either at border crossing facilities or in intelligence detention centres.

This is what happened to Yasmin, who returned from Lebanon with her teenage son and her three-year old

daughter, after her husband had died and the family found themselves without resources.

107

Security forces

immediately arrested her at the border crossing on accusation of spying for a foreign country and transferred

the three of them to an intelligence detention centre, where they detained them for 29 hours, according to

Yasmin. After interrogating her about the reasons why she left and why she returned, Yasmin said that an

intelligence member raped her in front of her children and told

her: “This is to welcome you to your country.

If you get out of Syria again and come back again, we will welcome you in a bigger way. We are trying to

humiliate you and your son. You will not forget humiliation in all your life. If you get pregnant, have people of

[her hometown] help you to give birth.” Agents then brought Yasmin and her children back to a cell, Yasmin

said. “My son was nervous and scared, and he attacked a guard. Guards came in and took my son away.

When they brought him back, he was beaten

and they had raped him,” Yasmin recounted. Her son later told

a therapist that guards inserted a shisha pipe in his anus.

108

Security officers raped three other returnees using objects, according to testimonies collected by Amnesty

International.

109

Like Yasmin, Noor reported that security members raped her and her five-year old daughter

at a border crossing between Lebanon and Syria. When interrogating her, an officer blamed Noor for leaving

Syria (see 4 “Targeting of returnees”) and accused her of sending weapons to Syria and of “prostituting”

herself, she told Amnesty International. Noor said that the officer inserted a pen in her bottom and her

daughter’s bottom, and then allowed them to leave.

110

Security officers also used a stick to rape Aya, another

returnee, in front of her adult son, after accusing them both of being “terrorists” at the border crossing, she

told Amnesty International.

111

After a security officer raped Noor and her five-year-old daughter, he took pictures of them naked.

112

This

element of the testimonies Amnesty International collected is consistent with a pattern observed by experts in

similar cases. “Sometimes they take pictures of them [returnees subjected to sexual violence] or film them.

Then, they release them and use these videos

as a tool to pressure them and keep them under their control,”

explained the Syrian expert on sexual violence.

113

In another case documented, a military intelligence member raped a 25-year-old woman the day she returned,

according to her mother Alaa. Intelligence officers arrested Alaa and her daughter at the border crossing as

they came back from Lebanon and detained them for five days in an intelligence centre, accusing them of

“speaking against Assad abroad”, Alaa remembered.

114

She said that security officials interrogated her and

her daughter in the same room and that she was present when her daughter was assaulted. “They removed

my daughter’s clothes. They handcuffed her and hanged her on the wall. They beat her. She was totally naked.

One put his penis inside her mouth. When she became unconscious, they threw water on her. I tried to kiss

their legs so that they stopped. They asked: ‘Why did you leave Syria? What did you bring with you? They called

me a ‘whore’, a spy for ISIS [armed group Islamic State], terrorist,” Alaa said.

115

Being raped in front one’s

mother and being forced to watch one’s child being raped amount to torture.

Interview by voice call, 14 December 2020.

Interviews by voice call, 14, 16, 17 December 2020, 31 May 2021.

107

Interview by voice call, 16 December 2020.

108

Interview by voice call, 16 December 2020.

109

Interviews by voice call, 14, 17 December 2020.

110

Interview by voice call, 14 December 2020.

111

Interview by voice call, 17 December 2020.

112

Interviews by voice call 14 December 2020.

113

Interview by voice call, 10 June 2021.

114

Interview by voice call, 14 December 2020.

115

Interview by voice call, 14 December 2020.

105

106

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

These accounts indicate that security officials raped returnees to humiliate them, punish them for leaving the

country, and assert their control over them.

5.2 OTHER SEXUAL VIOLENCE

“We’re beating you here, hoping that you’ll not bear children who

can harm the country as you did.”

Security officer to Samer while beating him on his testicles during interrogation upon return.

116

Security officials subjected eight returnees to other forms of sexual violence, namely four women (one of them

was also raped) and four men, interviewees told Amnesty International.

117

In five cases, security members

beat returnees either on their genitals or as they were stripped naked, according to returnees or their

relatives.

118

Mazen said that intelligence officers beat his 70-year old father in front of others while forcibly

naked, during his two-month detention at a political intelligence branch.

119

Security officials beat other

returnees, like Sema, on their genitals. Intelligence members arrested Sema at Damascus airport upon her

arrival from the UAE. They detained her for three days, mainly in order to extort money from her (see 6.5

“Detention as a means of extortion”), accusing her of being subordinated to Gulf states, Sema said. “He beat

me on my bottom and on my sensitive place. This beating was sexual abuse because as he was beating me

on my vagina, he said: ‘This vagina, you sold to Hamad [Hamad ben Khalifa Al Thani, the Emir of Qatar],’”

Sema recounted.

120

Samer also told Amnesty International that as part of torture that security agents inflicted

on him as a means to extract a so-called

“confession” to the effect that he supported the armed group Islamic

State, an agent beat him on his genitals, telling him: “We’re beating you here, hoping that you’ll not bear

children who can harm the country as you did,” Samer recounted.

121

In another case, security members forced a 30-year-old man returning from Lebanon into actions that resulted

in sexual violence, his brother told Amnesty International. “They forced him to strip naked. They forced him

to sit on a Coca-Cola can. They forced

him to have sex between detainees,” the returnee’s brother said.

122

security officer also violently touched two women returnees on their genitals when he questioned them at a

border crossing with Lebanon, according to Zahra who returned with her family, including her sister-in-law.

“My sister-in-law was screaming when he [the officer] beat her. She said: ‘Get your hands off me.’ The officer

said: ‘Why is her vagina screaming?’ My husband tried to calm her down. But she didn’t, so the officer told

him: ‘If you can’t make her silent, I can.’ He pressed on her vagina above her clothes. She kept screaming. I

could not stay quiet. I screamed when I saw that he did that. Because I was screaming, the officer pressed on

mine [vagina] so badly,” Zahra said.

123

Security officers assaulted Zahra and her sister-in-law after the latter mentioned there was no appropriate

psychological care in Syria (see 6.2 “Detention on unnecessary and unreasonable grounds”) and after Zahra

contradicted the official, according to Zahra. “The officer told me: ‘You learned how to speak out in Lebanon

and you are coming back to show it to us,’” Zahra recounted.

124

Similarly, before beating Sema on her genitals,

an intelligence member said: “Let’s teach her how to be polite,” according to Sema.

Interview by voice call, 2 June 2021.

Interviews by voice call, 21, 22 October, 14 December 2020, 19 January, 19 May, 1, 2 June 2021.

118

Interviews by voice call, 21 October, 14 December 2020, 19 January, 19 May, 2 June 2021.

119

Interview by voice call, 19 May 2021.

120

Interview by voice call, 2 June 2021.

121

Interview by voice call, 19 January 2021.

122

Interview by voice call, 22 October 2020.

123

Interview by voice call, 1 June 2021.

124

Interview by voice call, 1 June 2021.

116

117

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

5.3 HARASSMENT, INSULTS AND THREATS

Security officials harassed women returning to Syria in various ways, returnees told Amnesty International.

They sexually harassed six women who they had also subjected to sexual violence or rape, compounding

humiliation and a climate of fear, according to testimonies.

125

For instance, intelligence members insulted four women during interrogation, calling them “prostitute”,

according to interviewees.

126

Zahra said that the intelligence officer interrogating her family threatened her and

her sister-in-law

before assaulting them (see 5.2 “Other sexual violence”). “When he saw a picture of a

sculpture on my husband’s phone, he said: ‘I can put this sculpture inside your wife and your sister.’ He used

his pen to point at us and show

how he would do that,” Zahara recounted.

127

In addition, security members harassed and threatened a 17-year-old girl who returned from Germany to

Damascus.

128

Sabah, her mother, told Amnesty International that intelligence agents harassed her daughter

when

they questioned the two women at a political security branch. “One said: ‘You come from Germany.

German girls are beautiful.’ Their looks and their way of talking made me want to die,” Sabah said. A few days

later, a soldier harassed the teenage girl at

a checkpoint: “He said: ‘I want your daughter and I will take her.’

I told him she is a minor. My daughter said: ‘I don’t want you.’ The soldier said: ‘I will take you by force,’”

Sabah said. A few days later, the intelligence office summoned the teenager.

“I was afraid because I heard

about rape in intelligence branches and people disappearing,” Sabah said. The following day, she fled

Damascus with her daughter.

129

Four women who returned to Qalamoun area (Damascus), the wife and sisters of a detained man, told Amnesty

International that security members had come to their house and harassed them.

130

In the four cases, security

agents came to the house, asked the women about missing male relatives or about the women themselves.

Ola returned from Lebanon with her brother in an organized return operation. Security officials immediately

arrested him at the border crossing, and he has since been disappeared, Ola said. Meanwhile, security forces

harassed his family. “People with uniform came to the house. They knock at the door. They asked about my

brother. They knew there were only women in the house so they harassed us.

They said: ‘Why did you come

back from Lebanon?’ They consider us as terrorist because we left to Lebanon,” Ola said.

131

A few months

later, Ola and her mother, who were feeling unsafe, returned to Lebanon. A similar thing happened to Ruha,

whose husband was subjected to forcible disappearance when they returned from Lebanon (see

8 “Enforced

disappearance”): “They knocked at the door. They said that they wanted to search the house. They also said:

‘You came back from Lebanon, you have to keep your door open.’ I felt very uncomfortable because we were

only a woman and children,” she

said.

132

In one case, security forces warned the woman not to leave the

village, the returnee told Amnesty International.

133

Feeling unsafe, the four women returned to Lebanon shortly

after the security forces visits, they said.

APPLICABLE LEGAL STANDARDS

Rape and other forms of sexual violence are a violation of a number of human rights, including the rights

to equality and non-discrimination, to physical integrity, to the prohibition of torture and other ill-treatment

and to the highest attainable standard of physical and mental health. Subjecting returnees to rape or other

forms of sexual violence violates a number of human rights conventions, including the International

Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of all forms of

Discrimination Against Women (CEDAW) and the Convention against Torture (CAT), to which Syria

respectively acceded in 1969, 2003 and 2004. Rape and other forms of sexual violence are also

prohibited under customary international law and can amount to a crime against humanity and a war

Interviews by voice call 14 December 2020, 1, 2 June 2021.

Interviews by voice call 14 December 2020, 2 June 2021.

127

Interview by voice call, 1 June 2021.

128

Interview by voice call, 17 February 2021.

129

Interview by voice call, 17 February 2021.

130

Interviews in person, 20, 21 May 2021, Lebanon.

131

Interviews in person 21 May 2021, Lebanon. The interviewee declined to describe how she and female relatives were

harassed.

132

Interview in person, 20 May 2021, Lebanon.

133

Interview in person, 20 May 2021, Lebanon.

125

126

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

crime.

134

In addition, Syria has an obligation to prevent and protect children from sexual abuse, as

provided in the Convention on the Rights of the Child (CRC), to which Syria is a state party.

135

According to the Rome Statute, which provides an authoritative definition of rape and sexual violence,

rape occurs when “the

perpetrator invaded the body of a person by conduct resulting in penetration,

however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the

anal or genital opening of the victim with any object or any other part of the body”, and when “the invasion

was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress,

detention, psychological oppression or abuse of power, against such person or another person, or by

taking advantage of a coercive environment, or the invasion was committed against a person incapable

of giving genuine consent.”

136

Sexual violence

is likewise defined as when “the

perpetrator committed an

act of a sexual nature against one or more persons or caused such person or persons to engage in an act

of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence,

duress, detention, psychological oppression or abuse of power, against such person or persons or another

person, or by taking advantage of a coercive environment or such person’s or persons’ incapacity to give

genuine consent” and where such conduct

was of a gravity comparable to that of other war crimes.

137

In many of the cases of rape and sexual violence documented by Amnesty International, perpetrators

used physical force to invade the bodies of the victims, or commit other acts of a sexual nature. Even

where physical force was not present, in all the cases documented by Amnesty International, these acts

were committed during detention in highly coercive circumstances by security forces who were in a

position of power over the victims, including in a position to use violence against them or family members

with impunity or hold them in detention for prolonged periods.

International Committee of the Red Cross, Customary International Humanitarian Law, Rule 93.

CRC, Article. 19(1).

136

ICC elements of crimes, Elements 1 and 2, Article 8(2)(e)(vi)-1(2).

See also, Amnesty International,

Rape and sexual violence, Human rights law and standards in the International Criminal

Court,

(Index: IOR 53/001/2011), 2011, amnesty.org/download/Documents/32000/ior530012011en.pdf

137

ICC elements of crimes, Elements 1 and 2, Article 8(2)(e) 8 (2) (e) (vi)-6

134

135

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

6. ARBITRARY AND

UNLAWFUL DETENTION

“Staying in the north, under the shelling, is better than staying

in Damascus. In Damascus I could not sleep in my house

because I didn't know in which [security] branch I could wake

up in, the next day.”

Wael, who fled to northern Syria after being arbitrarily detained for six months upon his return from Jordan.

138

Syrians who return are at risk of being arrested and detained, according to testimonies collected by Amnesty

International, which is backed up by research conducted by the UN, and others

(see 4 “Targeting of

returnees”).

139

The organization documented 59 cases of arbitrary detention of men, women and children

among the 66 people who faced violations when returning from abroad. The Syrian Network for Human Rights’

research had similar findings, as it documented the arrest of about 2,000 returnees, including women and

children, between 2017 and August 2019.

140

A majority of people Amnesty International interviewed said that they did not expect that they or their relatives

would be wanted and arrested upon return because they were not involved in any opposition-related activities.

Still, security officials arrested returnees for various reasons, most frequently based on broad accusations of

“terrorism”, because they assumed that one of their relatives was affiliated with both the political or armed

opposition or because returnees were from an area that was previously under opposition control, interviewees

recounted. In all cases, intelligence forces detained the individuals at the air force intelligence, and military

intelligence branches in Damascus, Homs and Aleppo. Security forces also detained people returning from

Rukban to Homs or from Lebanon to Qalamoun (Damascus) in former schools used as screening facilities.

The arrests took place up to ten months after they returned, but the majority told Amnesty International that

they had been arrested upon return or shortly afterwards. Amnesty International obtained testimonies relating

Interview by voice call, 8 April 2021.

“OHCHR has continued to receive reports of arbitrary arrests and enforced disappearances. Reported cases include

those of returnees in areas controlled by the Government through various government security forces.”,

UN Security

Council,

Implementation of Security Council resolutions 2139 (2014), 2165 (2014), 2191 (2014), 2258 (2015), 2332

(2016), 2393 (2017), 2401 (2018) and 2449 (2018),

16 December 2019, S/2019/949,

ecoi.net/en/file/local/2022113/S_2019_949_E.pdf Para.17.

Interviews by voice call, with a researcher at Violations Documentation Centre (VDC), 15 July 2020; with a researcher at

SNHR, 20 October 2020; with a Syria expert at the EIP, 20 November 2020.

140

The Syrian Network for Human Rights,

The Syrian Regime continues to pose a violent barbaric threat and Syrian

refugees should never return to Syria,

15 August 2019, bit.ly/2NkueOw, p. 5. See also European Institute of Peace (EIP),

Refugee Return in Syria: Dangers, security risks and information scarcity,

July 2019,

ecoi.net/en/document/2018602.html, p. 23.

138

139

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

to 34 arrests of men, women and children as they crossed the border. After arresting them, Syrian intelligence

members, who control land border crossings and Damascus airport, took them to various locations including

security branches and closed facilities used as screening centres, they recounted.

Interviewees told Amnesty International that security forces arrested 13 returnees, including one woman,

because they said they were on a “wanted list”.

141

This is what happened to Maher, when he went through

border control at the Masnaa-Al Jdeidah

border crossing between Lebanon and Syria: “They searched my

name in the computer. They said that I was wanted and took me to Branch 215 [military intelligence branch].

They didn’t give any reason. When I asked why, they said: ‘Shut up,’” Maher said.

142

Returnees did not expect

to be wanted, except three of them who had not fulfilled their military service obligation (see box

“Military

service”).

143

In the cases that Amnesty International documented, none of the detainees had access to a lawyer nor

appeared in front of a judge. They were detained without a clear legal basis, on unnecessary and/or

unreasonable grounds, for at least several months, making their detention unlawful or arbitrary. Arbitrary

detention of returnees fits a pattern of arbitrary detention documented by Amnesty International and others

since the beginning of the Syrian conflict.

144

Detainees included two pregnant women and ten children - seven

of these aged four or younger.

Testimonies indicate that Syrian authorities also used detention as a means

of extortion, with detainees’

families commonly paying in order to obtain information or secure the release of their relative.

Detention and the fear of being arrested again led 23 returnees who were able to, to flee once again

government-controlled areas, they said.

145

6.1 ARRESTS ON TERRORISM-RELATED ACCUSATIONS

“They consider all the refugees who left Syria to be terrorists

because all people who leave Syria and come back are wanted and

arrested. Some are released and some are not.”

Maryam, an 18-year-old returnee whose husband was arrested, forcibly disappeared and reportedly died in prison.

146

In the majority of cases that Amnesty International documented, security officials arrested returnees after

accusing them of terrorism. According to returnees and their relatives, intelligence officers detained 25

returnees on terrorism-related accusations. Security officials accused returnees of conduct such as being part

of armed groups, fighting against the government, killing Syrian Arab Army soldiers, supporting the armed

group Islamic State (IS), being from areas considered pro-opposition such as Ghouta or Zabadani in Damascus

province, or merely because one of their relatives was suspected of being involved in terrorism-related

Interviews by voice call, 21 October 2020, 16 November 2020, 13, 19, 27 January, 15 February, 7 April, 19, 28 May,

8 June 2021.

142

Interview by voice call, 8 June 2021.

143

Interviews by voice call, 27 January, 7, 11, 28 May 2021.

144

Amnesty International,

Syria:

“Between Prison and the Grave”: Enforced Disappearances in Syria

(Index: MDE

24/2579/2015), 5 November 2015, amnesty.org/fr/documents/mde24/2579/2015/en/; Amnesty International,

Syria:

“It

Breaks the Human”: Detention, Torture, Disease and Death in Syria’s Prisons

(Index: MDE 24/4508/2016), 18 August

2016 amnesty.org/en/documents/mde24/4508/2016/en/; Amnesty International,

Syria: Human Slaughterhouse: Mass

Hangings and Extermination at Saydnaya Prison,

(Index: MDE 24/5415/2017), 7 February 2017,

amnesty.org/en/documents/mde24/5415/2017/en/; UN HRC, Report of the Independent International Commission of

Inquiry on the Syrian Arab Republic, 11 March 2021, A/HRC/46/55; Human Rights Watch,

Torture Archipelago, Arbitrary

Arrests, Torture, Enforced Disappearances

in Syria’s

Underground Prisons,

3 July 2012,

hrw.org/report/2012/07/03/torture-archipelago/arbitrary-arrests-torture-and-enforced-disappearances-syrias

145

Interviews by voice call, 21 October 2020, 27 January, 17 February, 23 March, 8 April, 6, 7, 11, 19, 28, 31 May, 8, 15

June 2021; interviews in person, 12, 20, 21 May, Lebanon.

146

Interview in person, 21 May 2021, Lebanon.

141

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

activity.

147

Security forces detained eight returnees considering them guilty by association, because one of

their close relatives

was an alleged “terrorist”, according to testimonies.

148

Suleiman, a 41-year-old man from Homs returned from Lebanon in 2020 because his father passed away.

149

Intelligence agents arrested him from his home three days after his return, and detained him for a month-and-

a-half.

“They said that they investigated me because I was in contact with a terrorist, my brother, who is an

activist,” Suleiman said.

Security officials

also accused six returnees of “supporting terrorism” either by transferring money to opposition

armed groups or smuggling weapons.

150

For example, when Noor returned with her two children from Lebanon

in the summer 2019, she said that a security agent

questioned her and told her: “You’re a terrorist, you go

outside of the country to bring back weapons into the country. You have to be a servant for us, you’re a

prostitute.”

151

Five interviewees said that security forces arrested returnees because of alleged participation in political

opposition groups or in demonstrations at the beginning of the Syrian uprising.

152

According to testimonies,

security officials also arrested three returnees because their names appeared in reports denouncing them as

so-called

“terrorists” or

in the interrogation reports of other detainees.

153

For example, Leena, speaking about

her friend, said that intelligence forces had arrested her at her home in Qalamoun, Damascus, 15 days after

she returned from Lebanon. “She was arrested

because people from her village who are affiliated with the

Ba’ath party filed a report saying that she cooked food for the Free Syrian Army. But she never did that,” Leena

said.

154

Findings from Syrian human rights organizations confirm that being identified as previously being part

of the opposition or having a relative with the opposition will lead to arrest upon return.

155

The Syrian counterterrorism

law defines terrorism as “every act that aims at creating a state of panic among

the people, destabilizing public security and damaging the basic infrastructure of the country by using

weapons, ammunition, explosives, flammable materials, toxic products, epidemiological or bacteriological

factors or

any method fulfilling the same purposes.”

156

And it defines

financing terrorism as “providing, either

directly or indirectly, money, weapons, ammunition, explosives, means of communication, information, or

other things with the intention of using them to carry out a terrorist act.”

157

The terms “any method” and “other

things” are vague and overly broad, allowing to qualify any act as terrorism or financing terrorism. This vague

definition has allowed Syrian authorities to include participating in demonstrations or being the relative of an

alleged terrorist as “terrorism”. The “principle of legality” under international law requires that criminal laws

be sufficiently precise so it is clear what constitutes a criminal offence and what the consequences of

committing the offence would be.

158

This recognizes that ill-defined and overly broad laws are open to arbitrary

application and abuse, ranging from the profiling of members of certain groups to deliberately targeting political

opponents. Human rights bodies have repeatedly criticized states for adopting imprecise and overly broad

definitions of terrorism in domestic legislation.

159

Interviews by voice call, 19 January, 11 February, 23 March, 8 April, 11, 28, 31 May 2021.

Interviews by voice call, 14 December 2020, 8 April 2021. Interviews in person, 12, 20 May 2021, Lebanon.

149

Interview in person, 12 May 2021, Lebanon.

150

Interviews by voice call, 14 December 2020, 19 January, 17 February, 11 May 2021; Interview in person, 20 May

2021, in Lebanon.

151

Interview by voice call, 14 December 2020.

152

Interviews by voice call, 22 October 2020, 13 January, 23 March, 7 May 2021.

153

Interview in person, 12 May 2021, in Lebanon; Interviews by voice call, 24, 31 May 2021.

154

Interview by voice call, 31 May 2021.

155

Interviews by voice call with a researcher at SNHR; Syria Justice and Accountability Center,

Refugee No More: The

Danger of Forced Returns to Syria,

22 June 2021, syriaaccountability.org/library/refugee-no-more-the-danger-of-forced-

return-to-syria/ p.11.

156

Law No. 19 of 2012, Article 1.

157

Law No. 19 of 2012, Article 1.

158

See Martin Scheinin, former UN Special Rapporteur on the promotion and protection of human rights and fundamental

freedoms while countering terrorism, Report to the Commission on Human Rights, E/CN.4/2006/98, para. 46: “The first

requirement of article 15, paragraph 1, [ICCPR] is that the prohibition of terrorist conduct must be undertaken by national

or international

prescriptions of law. To be ‘prescribed by law’ the prohibition must be framed in such a way that: the law is

adequately accessible so that the individual has a proper indication of how the law limits his or her conduct; and the law is

formulated with sufficient

precision so that the individual can regulate his or her conduct”.

159

UN HRC, Visit to Sri Lanka, Report of the Special Rapporteur on the promotion and protection of human rights and

fundamental freedoms while countering terrorism, 14 December 2018, A/HRC/40/52/Add.3, UN HRC, Visit to

Kazakhstan, Report of the Special Rapporteur on the promotion and protection of human rights and fundamental

freedoms while countering terrorism, 22 January 2020, A/HRC/43/46/Add.1, OHCHR, UN human rights expert says

Facebook’s ‘terrorism’ definition is too broad, 3 September 2018,

ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23494

147

148

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

Political opinion and activities do not constitute terrorism; rather, they are protected by the rights to freedom

of opinion and expression.

160

Syrian returnees should not be questioned, detained or accused for their political

opinion or political activities. Doing so amounts to a discriminatory implementation of laws, which violates the

right to equality before the law, according to which law enforcement officials have a duty to ensure equal

protection of the law and to respect and protect the prohibition of discrimination.

161

6.2 DETENTION ON UNNECESSARY AND UNREASONABLE

GROUNDS

“The judge saw that my age and the charges didn’t match because I

was too young during the revolution, and so he ordered my release.”

Ashraf, 22, who was arbitrarily detained, severely tortured and forcibly disappeared for six months.

162

In all of the 59 cases of detention documented by Amnesty International, Syrian security officers arrested

returnees without an arrest warrant, their detention had no clear legal basis, none of the detainees had access

to a lawyer or appeared in front of a judge before the release stage and authorities did not charge them (except

in two cases), according to testimonies.

163

This lack of due process has contributed to make these detentions

unlawful or arbitrary, in contravention of the right to liberty and security of person.

164

Amnesty has documented

a pattern of detention by Syrian intelligence forces without due process since the beginning of the Syrian

conflict.

165

The ICCPR and other international law instruments enshrine the right to liberty and security of person.

166

individual may only be lawfully deprived of his or her liberty on grounds and according to procedures

established by law.

167

International law prohibits arbitrary and unlawful arrest, detention or imprisonment.

168

In order to avoid arbitrariness, states must ensure that deprivation of liberty is in accordance with law, is

proportionate and includes procedural safeguards. When anyone is arrested or detained, they must be notified

of the specific reasons for their arrest or detention and of their rights, including their right to counsel.

169

Amnesty international documented 10 cases of detention of returnees without a clear basis or evidence.

170

For

instance, two returnees said that intelligence agents accused them of being from villages considered to be

pro-opposition.

171

Maher, a 27-year-old father of two returned from Lebanon in early 2018 and was detained

for two-and-a-half months in a military intelligence branch in Damascus. Maher said that intelligence officers

interrogated him 15 times, holding against him his area of origin. He told Amnesty International that during

The right to hold opinions without interference and to peacefully exercise freedom of expression is enshrined in Article

19 of the ICCPR, to which Lebanon is a party. In addition, Article 25 stipulates that everyone has the right to take part in the

conduct of political affairs.

161

Articles 2(1), 3 and 26 of the ICCPR.

162

Interview by voice call, 11JMay 2021.

163

One returnee was charged for terrorism act and another one for leaving and entering Syria illegally. Interviews by voice

call, 11 February, 15 June 2021.

164

Article 9, ICCPR

165

Amnesty International,

Syria:

“Between Prison and the Grave”: Enforced Disappearances in Syria

(Index: MDE

24/2579/2015), 5 November 2015, amnesty.org/fr/documents/mde24/2579/2015/en/, Amnesty International,

Syria: “It

Breaks the Human”: Detention, Torture, Disease and Death in Syria’s Prisons

(Index: MDE 24/4508/2016), 18 August

2016 amnesty.org/en/documents/mde24/4508/2016/en/, Amnesty International,

Syria: Human Slaughterhouse: Mass

Hangings and Extermination at Saydnaya Prison,

(Index: MDE 24/5415/2017), 7 February 2017,

amnesty.org/en/documents/mde24/5415/2017/en/

166

ICCPR, Article 9(1); Arab Charter on Human Rights (2004), Article 14(1)

167

Article 9(1) of ICCPR, Article 17(2)(a) of the Convention on Enforced Disappearance, to which Lebanon is a party,

Article 37(b) of the Convention on the Right of the Child (CRC), and Article 14(2) of the Arab Charter of Human Rights, all

of which Lebanon is party to.

168

ICCPR, Article 9(1); CRC, Article 37(b) ; Arab Charter of Human Rights, Article 14(2)

169

Article 9(2) of ICCPR and Article 14(3) of the Arab Charter of Human Rights;

Kelly v Jamaica

(253/1987), HRC, UN

Doc. CCPR/C/41/D/253/1987 (1991) §5.8.; Principle 5 of the Basic Principles on the Role of Lawyers, Committee Against

Torture (CAT) General Comment 2, §13

170

Interviews by voice call, 21 October 2020, 17, 16 December 2020, 23 March, 24, 28 6,7 May, 2, 8 June 2021.

Interview in person, 20 May 2021, Lebanon.

171

Interviews by voice call, 28 May, 8 June 2021.

160

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

one of the interrogation sessions in a military intelligence branch:

“They said: ‘You’re from southern Aleppo.

You’re a terrorist.’ They accused me of being a terrorist because I didn’t do the military service and because

of my village: ‘You’re from [name of village]. You killed soldiers, you did many things against the country.

You’re a terrorist.’”

172

Maher said his interrogators presented him with no credible evidence to show he had ever engaged in criminal

activity, and he remembered it becoming clear to him that his detention was based purely on his area of origin.

Being from a specific area is not a sufficient reason to detain someone, in Maher’s case for several months.

Other interviewees also said that security forces detained returnees without concrete evidence. Yasmin told

Amnesty International that military intelligence officers detained her and her two children upon return for 29

hours, accusing her of spying for a foreign country because they found in her belongings the pre-booking

receipt of a flight ticket and assumed that she had a lot of money to be able to pay for it and concluded, without

evidence, that she worked for a foreign government.

173

Two interviewees reported that a returnee and a

returnee’s husband had been detained, because their names were similar to those of other people who were

wanted.

174

One was detained for six months and the other one has been subjected to an enforced

disappearance. In another instance, security forces arrested returnees because they assumed that returnees

criticized Syria, according to Zahra.

175

She returned with her husband, their two children and her sister-in-law.

At the border crossing, agents asked Zahra’s

sister-in-law why she did not return with her children. She replied

that one of them was autistic and followed a treatment in Lebanon. “The officer replied: ‘You mean that it’s not

possible to get treatment for autism in Syria?’” Zahra recounted. Her sister-in-law

and her husband tried to

justify. “The officer said: ‘You learned how to speak up in Lebanon and you’re coming back to show us.’ …

He became angry. He beat us and he kept my husband and my sister-in-law,”

Zahra said. Both her husband

and sister-in-law were forcibly disappeared; with her husband being released after a year and 10 months,

while her sister-in-law remains unaccounted for.

176

In none of these cases was there sufficient evidence such

that detention could be justified as necessary or proportionate under international human rights law. Indeed,

even if such evidence did exist those in detention still had the right to be brought promptly before a judge in

order to assess whether sufficient legal reasons exist for their arrest and detention.

177

Among the 23 documented cases of detained returnees who were released at the time of writing, most (17)

were held for periods between two and nine months. The longest period was 15 months. Such detention is

arbitrary for a number of reasons, not least the duration of detention, the lack of access to a judicial hearing

to test its basis, failure to provide a lawyer, and the absence of a legal basis and sufficient evidence to justify

detention.

Article 9 of the ICCPR provides that “Everyone has the right to liberty and security of person. No one shall be

subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and

in accordance with such procedure as are established by law.” The UN Human Rights Committee has clarified

that the term “arbitrary” in Article 9(1) of the ICCPR must be interpreted broadly to include elements of

inappropriateness, injustice and lack of predictability and due process of law, as well as elements of

reasonableness, necessity and proportionality.

178

Arrests that lack any legal basis are also arbitrary.

179

Detentions of returnees have been arbitrary as they have been unnecessary and/or unreasonable, and have

additionally lacked a basis in law. Detention to clarify a name similarity is likely to be unnecessary for all but

the most limited duration of time (likely no more than hours), while being detained because a son or father is

wanted for an alleged terrorism act is unreasonable. Not only have detentions of returnees been unnecessary

and/or unreasonable, but they have not met procedural safeguards.

Last, Amnesty International also documented 27 cases of enforced disappearances following the arrests (see

8 “Enforced disappearance”). As these men, women and children did not have access to a lawyer nor were

they brought before a judge, their detention was also considered to be arbitrary.

Name of the village has been withheld for security reasons. Interview by voice call, 8 June 2021.

Interview by voice call, 16 December 2020.

174

Interviews by voice call, 17 December 2020, 7 April 2021.

175

Interview by voice call, 1 June 2021.

176

Interview by voice call, 1 June 2021.

177

ICCPR Article 9(3)

178

UN HRC, General Comment 35, para.12.

179

UN HRC, General Comment 35, para.12.

172

173

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

6.3 DETENTION OF RETURNEES AT SCREENING SITES

“You’re a terrorist. We will keep you here until we check if you did

anything and why you are wanted.”

Security member at a screening site in Homs told Wassim after he arrived from Rukban.

180

The Syrian government arbitrarily detained returnees in screening facilities as part of organized return

processes from Lebanon and Rukban. Security officials have held individuals returning from Rukban in

screening facilities for periods ranging between three days and four months, according to testimonies and the

UN.

181

Security officials detained 13 returnees in screening centres in Homs city and in Qalamoun, according to

testimonies.

182

Security forces escorted returnees from the border crossing to a school or empty facility.

Schools in Homs were located in Qussur, Deir Baalbah and Bayada areas and in different villages in Qalamoun.

Returnees in Qalamoun said that there were between a few and 20 families in the facility, while returnees in

Homs said they were up to 700 individuals.

183

In some cases, security officials released women and children

within 24 hours, while in others, interviewees said intelligence members detained women, men and children

returnees for between three days and four months.

184

Hiba, a 30-year old woman, returned from Lebanon with her husband and five children in the summer of 2019

in an organized return operation. She said that security forces took all the families of the return convoy to a

school in a village in Qalamoun.

“They threatened us, saying that we were under their control. They said that

we were not allowed to go out, but they didn’t say why… They took away people who were wanted for the

military service and they searched our luggage. I felt very angry because we did the reconciliation and were

supposed to be respected. Instead we were humiliated and put under their control,” Hiba said.

185

The purpose of the detention was to run background checks against returnees in order to assess whether they

were wanted, according to testimonies. In some cases, security members interrogated returnees. Samer, who

returned from Rukban with his wife and children as part of an organized return operation, said that security

forces took them to a school in Qussur area. “Air Force

intelligence [members] checked our names. They

released my wife and my children and told me that I was wanted and that I had to stay… They asked me

questions about our life in Rukban, who was there and why we returned,” he said. Samer was detained for

nine months in total, in a screening centre and subsequently in two intelligence branches because he was

accused of “terrorism”.

186

The UN reported that among 329 individuals who returned from Rukban at the

same time as Samer, at least 100 were detained.

187

International standards require that individuals are brought before a judge promptly after arrest or detention.

While the promptness is determined according to the particular circumstances of each case, the Human

Rights Committee has stated that “delays must not exceed a few days”.

188

Detaining people for more than a

few days, all the more so for several months, without due process, in order to do background checks is

unreasonable, making the detention arbitrary.

Interview by voice call, 27 January 2021.

Office of the High Commissioner for Human Rights (OHCHR),

Statement by Mr. Paulo Sérgio Pinheiro, Chair of the

Independent International Commission of Inquiry on the Syrian Arab Republic at the 41

Session of the UN Human

Rights Council,

2 July 2019, ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=24773&LangID=E

182

Interviews by voice call, 13, 19, 27 January, 11 February, 23 May, 15 June 2021, Interviews in person, 20, 21 May

2021, Lebanon.

183

Interviews by voice call, 19, 27 January 2021. Interview in person, 21 May 2021, Lebanon.

184

Two additional women were held at screening sites, one in Homs, one in Qalamoun, and were released within a day.

Interview by voice call, 23 March 2021; interview in person, 20 May 2021, Lebanon.

185

Interview in person, 20 May 2021, Lebanon.

186

Interview by voice call, 19 January 2021.

187

UN HRC,

Report of the Independent International Commission of Inquiry,

28 January 2020, Para. 85. UN HRC,

Report

of the Independent International Commission of Inquiry,

14 August 2020, para. 34.

188

HRC Concluding Observations: El Salvador, UN Doc. CCPR/C/SLV/CO/6 (2010) §14; Special Rapporteur on torture, UN

Doc. E/CN.4/2003/68 (2002) §26(g) and UN Doc. A/65/273 (2010) §75; See CAT Concluding Observations: Venezuela,

UN Doc.CAT/C/CR/29/2 (2002) §6(f)

180

181

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

As in Samer’s case, at the end of the detention

at the screening site, security forces transferred seven of the

13 returnees, including one woman, to an intelligence branch, where they detained them further.

189

6.4 DETENTION AND ABUSE OF WOMEN AND THEIR

CHILDREN

Faced with the uncertainty of what happens upon return and the risk of being arrested and detained, some

couples have chosen for the women to go ahead of their husbands, to assess the situation in Syria, on the

assumption that they are less likely to be arrested than men, not least since they are not subject to compulsory

military service. As one returnee, Karim, recalled: “I sent my wife and children one month before me, to see if

there is anything against me. If there was, they would investigate her. But the situation was normal. She did

the reconciliation in my village. The reconciliation committee asked her about me. She said that I was in

Lebanon and I would come back one month later,” he said.

190

In eight cases documented by Amnesty International, security forces arrested returning women who were

travelling without their husband.

191

For example, Rim said that it was likely that her husband was wanted for

supporting the opposition. “They can arrest him for any reason. That’s why he didn’t come back with us,” Rim

said.

192

Still, security officials arrested her with her one-and-a-half-year-old daughter and questioned her about

her husband and any “terrorism” affiliation. Other returnees said that security officers asked women

returnees

about their husband and detained them in order to reach out to their men relatives.

193

Security forces detained

Hiba for ten days because her brothers were allegedly involved with the opposition, according to her. “They

[security members] told me: ‘We will only release you when your father comes.’ They wanted to interrogate my

father about my brothers,” Hiba

said.

194

These testimonies indicate that women returnees have been at risk,

including as a means to reach or pressure men relatives.

195

Therefore, women’s returns should not be

considered safer than men’s.

Arresting women to put pressure on their male relatives is unlawful and amounts to arbitrary deprivation of

liberty, which violates international law. In addition, detaining women, not on suspicion of individually

committing crimes, but rather on the basis of their marital status amounts to discrimination in its own right.

196

Amnesty International documented the detention of 13 women in total, including two pregnant women.

197

Intelligence officers arrested Amal’s husband three months after the couple returned from Lebanon with their

two children. Amal, who was then six-months pregnant, said that security forces then summoned her to an

intelligence branch in Damascus and arrested her, on terrorism-related

accusations. “They told me that

nobody would know where I was. I said that I had children and I was pregnant.

They replied: ‘Even if you were

pregnant with four children, it wouldn’t matter,’” Amal said.

198

Amal recounted that security agents beat her

violently, describing abuse which amounts to torture and other ill-treatment

(see 7.1 “Severe beatings”). In

another case, Hiba said that security members detained her for ten days, three months after her return from

Lebanon, in order to question her about her brothers, while she was four-months pregnant. She was not

tortured but she said that agents did not provide her sufficient food or drink.

199

Interviews by voice call, 13, 19 January, 11 February. Interview in person, 21 May 2021, Lebanon. In addition, two

returnees were transferred to a civilian prison and one was arrested at a security checkpoint as soon as he left the

screening facility. Interviews by voice call, 13 January, 15 June; interview in person, 21 May 2021, Lebanon.

190

Interview by voice call, 28 May 2021.

191

Interviews by voice call, 14, 16 December 2020, 11 February, 23 March, 31 May, 2 June 2021; interview in person, 20

May 2021, Lebanon.

192

Interview by voice call, 23 March 2021.

193

Interview by voice call, 14 December 2020, 11 February, 8 April 2021; interview in person, 20 May 2021, Lebanon.

194

Interview in person, 20 May 2021, Lebanon.

195

This was confirmed by a Syria expert at the EIP, interview by voice call, 20 November 2020.

196

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), to which Syria is a

signatory, prohibits discrimination against women and requires state parties to eliminate discrimination against women,

specifically to “modify or abolish

existing laws, regulations, customs and practices which constitute discrimination against

women“ (CEDAW, Article 1, 2, 2(f)).

197

Interviews by voice call, 16 November, 14, 16 December 2020, 13 January, 11 February, 23 March, 31 May, 1, 2

June 2021; interview in person, 20 May 2021, Lebanon.

198

Interview in person, 20 May 2021, Lebanon.

199

Interview in person, 20 May 2021, Lebanon.

189

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

Amnesty International also documented the detention of ten children, aged between three weeks old and 16

years old, with seven of them being four years old or younger.

200

Interviewees said that children have been

detained alongside their mothers (except the 16-year-old who was detained individually), from 29 hours to two

years and nine months, with the detention of three of them ongoing. Security forces subjected five children to

torture and other-ill treatment, interviewees told Amnesty International. In one case, a returnee said that

security officials beat her son during their detention (see 7.1 “Severe beatings”).

201

In addition, two mothers

returning to Syria said that

security officers respectively raped one’s five-year-old daughter and one’s 13-year-

old son (see 5.1 “Rape”).

202

Additionally, two children, who were held for a few hours during their parents’ interrogation at the border

crossing on the way back from Lebanon, were likely subjected to torture or other ill treatment through being

forced to watch their parents being beaten and sexually assaulted, according to their mother. Zahra said that

her 10-year-old daughter and her 15-year-old son saw their father being beaten and their mother and aunt

being subjected to sexual violence. Since then, Zahra said that her son has had nightmares and has suffered

incontinence, while her daughter has also suffered psychological harm.

203

Amnesty International documented the case of arbitrary detention followed by enforced disappearance of a

family with three children aged two, four and eight years old, as well as a separate case of a 16-year-old (see

8.1 “Enforced disappearance”).

204

These actions have caused immense suffering to detainees, and amount to torture or other cruel, inhuman or

degrading treatment or punishment, which is prohibited by international law.

205

In the cases documented,

children, including young children, have not been detained because they have been accused of individually

committing crimes but merely because security officials detained their parents, making children’s detention

unlawful. The arrest and detention of children, which should be a measure of last resort, was also arbitrary.

Not only have they been unnecessary and unjust, they have also failed to meet procedural safeguards.

6.5 DETENTION AS A MEANS OF EXTORTION

“These men thought that my husband had money because he

returned from Lebanon.”

Hamida about the security forces manning a checkpoint in Homs where her husband disappeared 12 days after his return.

206

Paying bribes is common practice for detainees’ family members, at various stages of the detention.

Interviewees told Amnesty International that they or their relatives paid intermediaries or officials in relation to

the detention of 27 returnees.

207

Families paid once or several times during the period of detention, in the

hope of facilitating their relative’s release, or their transfer from an intelligence facility to a civilian

prison,

according to testimonies.

208

For example, Ibrahim said that his family paid various intermediaries USD 21,000 in order to find where his

cousin, his wife and their three children were. They have been forcibly disappeared since they returned from

France in early 2019 (see 8.1 “Enforced disappearance”). In April 2021, after paying intermediaries, Ibrahim

eventually found out that intelligence services had detained his cousin and his family in a military intelligence

facility, he told Amnesty International. Ibrahim and his relatives paid the bribe in the hope that the family would

Interviews by voice call, 16 November, 16 December 2020, 23 March 2021. Interview in person, 21 May 2021,

Lebanon.

201

Interview by voice call, 14 December 2020.

202

Interviews by voice call, 14, 16 December 2020.

203

Interviews by voice call, 1 June 2021; interview in person, 21 May 2021, Lebanon.

204

Interview by voice call, 16 November 2020; interview in person, 21 May 2021, Lebanon.

205

In Article 7 of the ICCPR.

206

Interview by voice call, 17 December 2020.

207

Interviews by voice call, 7 September, 21, 22 October, 14 December 2020, 13, 29 January, 11 February, 23 March, 7,

19, 31 May, 8, 15 June 2021; interview in person, 12, 20 May 2021, Lebanon.

208

Amnesty International previously documented the practice of paying in order to obtain information on detainees and in

some cases to release them. Amnesty International,

Syria:

“Between Prison and the Grave”: Enforced Disappearances in

Syria

(Index: MDE 24/2579/2015), 5 November 2015, amnesty.org/fr/documents/mde24/2579/2015/en/ p.17.

200

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

not be transferred to the Saydnaya prison, famous for cruel and inhuman treatment inflicted on detainees.

209

In 18 cases, returnees or their families paid in order to secure detainees’ release.

210

For example, a judge told

Yassin, who had been arrested upon return from Lebanon and detained for three and a half months, that he

would release him if Yassin paid 5 million Syrian pounds (the equivalent of USD 10,000 at the time), Yassin

said.

211

The bribes that people paid

have varied and the significant variation of the Syrian pound’s exchange rate

makes it difficult to compare amounts, but interviewees told Amnesty International that they paid the equivalent

of USD 1,200 to USD 27,000. On average, families had to pay between 3 and 5 million Syrian pounds to

obtain the release of the detainee.

212

In order to pay such a high amount, families have had to sometimes sell

property. This is what happened to obtain Ismael’s release: “I found out that my father sold our land and paid

a lot of money to release me. I didn’t dare to ask how much he paid,” Ismael said.

213

This is also what Alaa

had to do, in order to secure her and her daughter’s release. “I gave the officer a piece of land, 300m2 in

Damascus worth 120 million Syrian pounds,

so that he released us,” Alaa said.

214

Another returnee said that she paid a bribe in order to be allowed to speak to her husband for a few minutes

when arrested, and the nephew of another one said that his family paid so that his uncle would not be beaten

during his detention.

215

In one case, extortion appeared to be the main motive of the detention, according to the returnee’s testimony.

Intelligence members detained Sema for three days upon her arrival from the UAE at Damascus airport, in

order to ask her about her husband, who had been detained for nine years. Sema said that an intelligence

officer asked her for USD 50,000 in exchange of her husband release. While it took her two days to gather

part of the amount, selling her car and asking her Emirati network, security members shifted their demand on

her release. “They said: ‘If you don’t pay us the money now, you will stay here forever,’” Sema recounted.

216

6.6 FLEEING SYRIA AGAIN AS A CONSEQUENCE OF

DETENTION

Among the total cases that Amnesty International documented, out of the 43 returnees who are alive and free

after detention, 23 have fled government-controlled areas, with 13 finding refuge in Lebanon again and others

in Turkey, Rukban, Germany or northern Syria.

217

As Lebanon and Turkey no longer accept refugees from

Syria, returnees have been obliged to take smuggling routes, putting them further at risk during their journey.

Others have remained in Syria, but not as a result of a free choice, according to testimonies.

218

Officials told six returnees when releasing them or shortly afterwards that another branch or court had

summoned them, meaning that they were likely to be arrested again, returnees said.

219

The threat of another

unlawful or arbitrary detention prompted returnees to flee Syria again. For example, a few weeks after his

release, Ismael said that security forces summoned him: “Somebody from a security branch came [at my

house] and left a paper saying

that I had to visit the military security branch. I didn’t have the courage to go

so I found a way to be smuggled back to Lebanon. I was very afraid to be in prison again,” Ismael said.

220

Karim also fled to Lebanon in order to avoid being arbitrarily

arrested again. “I was terrified thinking they would

Interview by voice call, 22 June 2021. Amnesty International, Syria: Human slaughterhouse: mass hangings and

extermination at Saydnaya prison, Syria (Index: MDE 24/5415/2017), 7 February 2017,

amnesty.org/en/documents/mde24/5415/2017/en/

210

Interviews by voice call, 7 September, 21, 22 October, 14 December 2020, 13, 29 January, 11 February, 23 March, 7,

19, 31 May, 8 June 2021; interview in person, 12, 20 May 2021, Lebanon.

211

Interview by voice call, 7 May 2021.

212

Interviews by voice call, 22 October 2020. 13 January, 11 February, 19 May, 15 June 2021; interview in person, 12

May 2021, Lebanon.

213

Interview by voice call, 21 October 2020.

214

Interview by voice call, 14 December 2020.

215

Interview by voice call, 29 January 2021. Interview in person, 12 May 2021, Lebanon.

216

Interview by voice call, 2 June 2021.

217

Interviews by voice call, 21 October 2020, 27 January, 17 February, 23 March, 8 April, 6, 7, 11, 19, 28, 31 May, 8, 15

June 2021; interviews in person, 12, 20, 21 May, Lebanon.

218

Interviews by voice call 7 September, 14, 16, 17 December 2020, 13, 19 January, 11 February, 1, 2 June 2021.

219

Interviews by voice call, 21 October 2020, 19, 27 January, 8 April, 19 May 2021; interview in person 20 May 2021,

Lebanon.

220

Interview by voice call, 21 October 2020

209

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

arrest me again. I couldn’t sleep. […] I was losing my mind. They [security officials] told me that I’m a terrorist

because I’m from [a renowned pro-opposition

village]. So I could go to prison anytime

again. That’s why I

decided to leave”, Karim said.

221

Even after individuals left, security members came to their house, inquiring about them, two refugees told

Amnesty International.

222

This is what happened with Suleiman, who immediately sought refuge in Lebanon

again after he was released: “After I was released, every day, they [security members] came to my house

asking about me. Ten days ago [almost a year after his release], military security intelligence officers came to

mukhtar [local community leader]

to arrest me,” Suleiman said.

223

Two other former detainees Amnesty

International spoke with said that they were wanted for military service. One fled to Lebanon, the other could

not.

224

“Now I’m wanted for military service. If they catch me now, they will take me to military court. I’m so

afraid that I’m hiding,” Samer said.

225

Returnees who have remained in Syria have not done so because they have felt safe; they stayed either

because they are trying to find information about a relative who was detained or forcibly disappeared or

because they do not have the legal documents needed to pass checkpoints, or they simply do not want to be

smuggled out.

226

Security forces have confiscated the ID documents of two returnees, seriously limiting their

ability to travel abroad, two women told Amnesty International.

227

Alaa told Amnesty International: “They took

my passport and my ID card. I cannot leave the country.

I’m too old to leave illegally. When I went to the

political security branch in order to get a security certificate, they told me: ‘You want this permit to escape

again. If you don’t leave now [the office], I will arrest you,’” Alaa said.

228

In addition, one returnee has remained

in Syria because he is serving in the military, his father said.

229

MILITARY SERVICE

Under Syrian law, all men aged 18 to 42 (with few exceptions) must perform military service.

230

It has

been an important driver of displacement, with men fleeing Syria because they objected to serving in the

Syrian Arab Army. Military conscription has also been a major obstacle to return, as men have been afraid

of being forcibly enrolled upon return.

231

In October 2018, pro-government media announced that about

800,000 men would no longer be subjected to compulsory military service. But two months later, the

Defence Ministry reversed the decision and published lists for reserve duty.

232

This created a degree of

confusion among returnees, with some of them thinking they could return without having to serve.

Military conscription has been a motive of arrest, according to information collected by Amnesty

International.

233

Four returnees said that after intelligence forces released them, authorities ordered them

to do their military service.

234

Two were forced to join the army after being released, and one of them

defected and fled to Lebanon.

235

This report has not investigated this issue in depth. However, it is worth noting that the European Court

of Justice has ruled in the case of a Syrian conscript who fled his country in order to avoid military service,

that “there is a strong presumption” that refusal to perform military service in a conflict, where performing

military service would include crimes

under international law, “relates to” one of the five reasons for

persecution, required to prove entitlement to recognition as refugee.

236

Interview by voice call, 28 May 2021.

Interviews in person, 12, 20 May 2021, Lebanon.

223

Interviews in person, 12 May 2021, Lebanon.

224

Interviews by voice call, 19 January, 11 May 2021.

225

Interview by voice call, 19 January 2021.

226

Interviews by voice call 14, 16, December 2020, 19 January, 1, 2 June 2021.

227

Interviews by voice call 14, 16, December 2020.

228

Interview by voice call, 14 December 2020.

229

Interview by voice call, 7 September 2020.

230

Article 3 of legislative decree 30 (2007) provides that the duration of compulsory military service is two years, but

exceptions apply. parliament.gov.sy/arabic/index.php?node=201&nid=4921&

231

See for e.g.: Syria Justice and Accountability Center,

Refugee No More: The Danger of Forced Returns to Syria,

June 2021, syriaaccountability.org/library/refugee-no-more-the-danger-of-forced-return-to-syria/ p.11; Sawa for

Development and Aid,

Unpacking Returns: Syrian Refugees’

Conditions and Concerns,

February 2019, p.31.

232

International Crisis Group,

Easing Syrian Refugees’ Plight in Lebanon,

13 February 2020, p.21.

233

European Institute of Peace (EIP),

Refugee Return in Syria: Dangers, Security Risks and Information Scarcity,

July

2019, ecoi.net/en/document/2018602.html, p. 10.

234

Interviews by voice call 21 October 2020, 13, 19 January, 11 May 2021.

235

Interviews by voice call, 7 September 2020, 15 June 2021.

236

Court of Justice of the European Union, Judgment in Case C-238/19 EZ v Bundesrepublik Deutschland, 19 November

2020, para61 curia.europa.eu/juris/documents.jsf?num=C-238/19.

221

222

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

7. TORTURE AND OTHER

ILL-TREATMENT

“Everyday I was thinking of killing myself because of the

horror of the torture. I blamed myself for coming back to Syria.

I tried to use my t-shirt to hang myself. But I failed. So I started

crying because I failed to kill myself. I was hopeless.”

Ashraf, who was tortured in Air Force intelligence branches in Aleppo and Damascus.

237

“They

gave me electric shocks, they beat me with a rubber

whip, they hanged me from my hands, they tied me on a

wooden round pallet, with one officer pulling my hands and

another one pulling my legs. I went through all this torture.”

Yasin, who was tortured several times during his four-month detention.

238

Interviews by Amnesty International documented how intelligence officials subjected 33 returnees, including

men, women and five children, to practices that amount to torture or other ill-treatment during detention and

interrogation in intelligence facilities. Intelligence members mainly used torture in order to coerce detainees to

confess to alleged crimes, to punish them for allegedly committing crimes, or for allegedly opposing the

government, according to returnees’ testimonies. Security forces also subjected

14 individuals to rape and

other sexual violence, which is a form of torture or other ill-treatment

(see 5 “Sexual violence”). The cases of

torture and other ill-treatment of returnees documented in this report fit with the pattern of systematic and

widespread torture and ill-treatment committed by Syrian government forces previously documented by

Amnesty International, the UN and a large number of human rights organizations.

239

Interview by voice call, 11 May 2021.

Interview by voice call, 7 May 2021.

239

Amnesty International, Syria:

‘Between prison and the grave’: enforced disappearances in Syria (Index: MDE

24/2579/2015), 5 November 2015, amnesty.org/fr/documents/mde24/2579/2015/en/, Amnesty International, Syria:

‘It

breaks the human, detention’: torture, disease and death in Syria’s prisons

(Index: MDE 24/4508/2016), 18 August 2016

amnesty.org/en/documents/mde24/4508/2016/en/, Amnesty International, Syria: Human slaughterhouse: mass hangings

and extermination at Saydnaya prison, Syria (Index: MDE 24/5415/2017), 7 February 2017,

amnesty.org/en/documents/mde24/5415/2017/en/, Human Rights Watch,

Torture Archipelago, Arbitrary arrests, torture,

237

238

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

7.1 SEVERE BEATINGS

“Somebody came into the cell. I asked why I was

there. He slapped me

so strongly, I guessed he was a big man. It felt like I’d hit the roof and

fell on the ground. He started pressing on my fingers with his shoes

and broke two of my fingers. He hit me with some kind of stick. I kept

asking what I did. He

said: ‘You escaped the military and you joined

opposition forces’. I said that I was a civilian and didn’t escape. He

said: ‘You took part in protests against the regime.’ He cursed me. I

kept saying I did nothing. Then I fainted.”

Yasin, who was blindfolded when he arrived in an intelligence centre in Damascus.

240

According to Syrian returnees and relatives with whom Amnesty International spoke, security agents beat 22

returnees during their detention and interrogation. “I don’t know how much time I

spent being tortured in this

room. I felt that it was very long. Sometimes, when he [an agent] hit me, I counted every hit. Sometimes it

reached 50 or 60 and I passed out. Once it reached 100,” said Yasin, who was arrested at a checkpoint just

after he crossed the border with Lebanon and spent four months in prison.

241

Security officials used various

objects to beat detainees, including metal sticks, electric cables, plastic pipes, and a tank belt drive, according

to testimonies.

242

Yasin and three Syrian men

said that intelligence members had beat them in what they called a “welcome

party”, a term commonly used by Syrian detainees to refer to the severe beatings received upon their initial

arrival at a detention facility.

243

“They forced me to be fully naked,

they searched me, they tortured me, without

asking any question. It’s the welcome ceremony, with green plastic pipes. They used a tank belt drive to beat

me on my legs, on my back, and on my face for 15 minutes. They said it’s the welcome party,” Wael said,

describing his arrival at the political security branch in Deraa.

244

Amnesty international documented the case of the beating of two women. A returnee from Lebanon reported

that an agent slapped her and her 25-year-old daughter as he questioned them at Masnaa-Al Jdeidah border

crossing. “He slapped me on my face and blood came out of my mouth. He said: ‘You’re lying old bitch.’ He

slapped my daughter,” Alaa said.

245

In another case, Amal said that intelligence officers arrested her four months after she returned from Lebanon,

following her husband’s arrest, as she was six-months pregnant. “They beat me on my back, on my head, on

my shoulder. I was pregnant. I was bleeding, but thank God I didn’t miscarry,” Amal said.

246

Two testimonies indicate that security agents sought to humiliate and inflict additional pain when beating

detainees. In one case, a detainee said that agents beat him as he was naked: “They used a green hard plastic

pipe to beat me all over on my body while I was wearing

no clothes,” Karim said.

247

One returnee said that a

enforced disappearances in Syria’s underground prisons,

3 July 2012, UN HRC, Report of the Independent International

Commission of Inquiry on the Syrian Arab Republic, 12 February 2014, A/HRC/25/65, hrw.org/report/2012/07/03/torture-

archipelago/arbitrary-arrests-torture-and-enforced-disappearances-syrias, UN HRC, Report of the Independent

International Commission of Inquiry on the Syrian Arab Republic, 11 March 2021, A/HRC/46/55

240

Interview by voice call, 7 May 2021.

241

Interview by voice call, 7 May 2021.

242

Interviews by voice call, 22 October 2020, 8 April, 6, 11 May, 8 June 2021.

243

Interviews by voice call 8 April, 7, 19, 28 May 2021. See also Amnesty International,

Syria: “It Breaks the Human”:

Detention, Torture, Disease and Death in Syria’s Prisons

(Index: MDE 24/4508/2016), 18 August 2016,

amnesty.org/en/documents/mde24/4508/2016/en/ pp 22; 51.

244

Interview by voice call 8 April 2021.

245

Interview by voice call, 14 December 2020.

246

Interview in person, 20 May 2021, Lebanon.

247

Interview by voice call, 28 May 2021.

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

security member beat him in a way so as to maximize the pain. In the fourth intelligence facility where he was

detained and tortured, agents took Ismael to a basement. “A guard asked me where I was hurt.

I explained to

him. He started hitting me where I was injured,” Ismael said.

248

In another case, an intelligence agent beat a six-year-old, according to her mother.

249

As Noor returned from

Lebanon with her son and her daughter, security officials held them for a day at the border crossing and

subjected them to torture and other ill-treatment. As the family did not have access to toilet for several hours,

Noor’s son urinated on himself. “He [the investigator] beat my son with his hands in a strong way. My son

fell

on the floor and screamed,” Noor recounted.

250

The beating of men, women, and children reaches the

threshold of constituting torture or other ill-treatment

in contravention of international law (see 7.4 “Syria’s

obligation under international law”).

251

7.2 TORTURE METHODS

“Five soldiers beat me with metal sticks. They broke my fingers. They

used electricity. They tortured somebody who died in front of me.

There was blood everywhere. I was on ‘balango’ for more than 12

hours. I lost consciousness. Then five new soldiers beat me again.

Then they sent me to my cell. My cellmates couldn’t recognize my face

because of the blood. My whole body was kind of black. They tortured

me in ways beyond imagination.”

Samer, who was detained for nine months and routinely tortured.

252

“I was completely naked. They put me on a chair and handcuffed me

to the chair. They put water on the chair and connected cables to the

wet chair. They applied [electricity to] it many times, for a short time.

They gave me a break and asked me questions. Then they applied

electricity again.”

Ashraf, who was detained for six months in several branches and repeatedly tortured.

253

Security officials used a wide range of means to ill-treat and torture detainees during interrogations, such as

electric devices and specific torture techniques among others. In one case, intelligence members used

cigarettes to inflict pain on a returnee. Mazen said that his 70-year-old father, who was detained at a political

security branch in Damascus for two months upon return, was tortured with this technique. “They [security

officers] burnt his body with cigarettes. He had several marks on his hands, his shoulders, his legs, and his

back,” Mazen said.

254

Interview by voice call, 21 October 2020.

Interview by voice call, 14 December 2020.

250

Interview by voice call, 14 December 2020.

251

ICCPR Article 7, Convention Against Torture, Article 1.

252

Interview by voice call, 19 January 2021.

253

Interview by voice call, 11 May 2021.

254

Interview by voice call, 19 May 2021.

248

249

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

According to four interviewees, security agents also used electric devices during interrogations.

255

As security

officials interrogated Ismael about why he left and returned to Syria, he said that they tortured him with

electricity:

“They electrocuted me between the eyes. I felt my whole brain was shaking. Sometimes I lost

consciousness. I don’t know for how long… In the end, I was unable to hold my body anymore, my shoulder

was dislocated. They put electricity on my head. I wished I would die. I didn’t know if it was the morning or

the night. I wasn’t able to stand on my feet anymore, even to go to interrogation.

They had to hold me to take

me there and bring me back. In the end, I wanted to just yell at them so that they would hit me harder and I

would die. And everything would be over then.” Ismael said he was detained in four intelligence branches for

three-and-a-half months.

256

Amnesty International has documented trends in the type of methods used to subject individuals to torture or

other ill-treatment.

257

According to the testimonies obtained, security officials subjected six detainees to

specific torture methods, which Syrian security forces have routinely used since at least the beginning of the

conflict and have been documented by Amnesty International and other organizations.

258

In four cases,

security agents inflicted “shabeh” on the detainees; this

is when an individual is suspended by their wrists,

which are usually manacled to a hook or over a door or pipes in the ceiling, and beaten.

259

Ismael said that

intelligence members subjected him to “shabeh” as retaliation for requesting medical treatment

for his torture-

inflicted injuries. “A military doctor came and asked who was sick. I raised my hand. The doctor asked what I

was accused of. When he found out that I was accused of terrorism, he told prison guards to take me outside

of the cell so that he

could look at my injuries. Once outside, they tortured me with ‘shabeh’ and beat me in

the lobby of the branch for I think an hour. Then they took me back into the cell. I was feeling very bad,”

Ismael said. Three returnees with whom Amnesty International spoke said that they were subjected to

“balango”, whereby prison guards hoist an individual in the air for hours from their wrists tied behind the

back.

260

“They tortured me using ‘balango’ from early morning to 4am the next day. I couldn’t reach the

ground.

They repeated that for 29 days straight,” said Hazem, who was detained for nine months and routinely

tortured.

261

According to two detained returnees, intelligence members also used what is known as the “German chair”,

whereby an individual is strapped onto a metal chair, the back of which is moved backwards, causing acute

stress on the spine and severe pressure on the neck and limbs.

262

Ismael was subjected to the “German chair”:

“It hurt my back, my backbone and my neck. The pain was indescribable. Sometimes,

they left us on the

chair for four or five hours,” Ismael said.

263

In one case, security agents used the “dulab” [tyre in Arabic],

which is when an individual is forced into a vehicle tyre, bent forward so that the victim’s feet and head are on

one side of the tyre, while their hands and back are on the other; the person is then beaten up.

264

Last, two detainees told Amnesty International that security officers tortured other men in front of them.

265

“They tortured somebody in front of me. He died in front of me. There was blood everywhere,” Samer said.

266

Interviews by voice call, 21 October 2020, 19 January, 7, 11 May 2021.

Interview by voice call, 21 October 2020.

257

Amnesty International,

Syria: “Between Prison and the Grave”: Enforced Disappearances in Syria

(Index: MDE

24/2579/2015), 5 November 2015, amnesty.org/fr/documents/mde24/2579/2015/en/; Amnesty International,

Syria: “It

Breaks the Human”: Detention, Torture, Disease and Death in Syria’s Prisons

(Index: MDE 24/4508/2016), 18 August

2016 amnesty.org/en/documents/mde24/4508/2016/en/; Amnesty International,

Syria: Human Slaughterhouse: Mass

Hangings and Extermination at Saydnaya Prison,

(Index: MDE 24/5415/2017), 7 February 2017,

amnesty.org/en/documents/mde24/5415/2017/en/;

258

UN HRC, Report of the Independent International Commission of Inquiry on the Syrian Arab Republic, 12 February

2014, A/HRC/25/65, p.46; Human Rights Watch,

Torture Archipelago, Arbitrary Arrests, Torture, Enforced

Disappearances

in Syria’s

Underground Prisons,

3 July 2012, hrw.org/report/2012/07/03/torture-archipelago/arbitrary-

arrests-torture-and-enforced-disappearances-syrias, Human Rights Watch,

If the dead could speak, Mass death and

torture in Syria’s detention facilities,

16 December 2015

hrw.org/report/2015/12/16/if-dead-could-speak/mass-deaths-

and-torture-syrias-detention-facilities, European Center for Constitutional and Human Rights,

Criminal Complaint to the

war crimes commission of Swedish police and the Swedish war crimes prosecutor team, Torture in Syria,

February 2019,

ecchr.eu/fileadmin/Hintergrundberichte/Executive_summary_Syria_Sweden.pdf

259

Interviews by voice call, 11, 19, 28 May, 8 June 2021.

260

Interviews by voice call, 19 January, 28 May, 8 June 2021.

261

Interview by voice call, 19 January 2021.

262

Interviews by voice call, 21 October 2020, 11 May 2021.

263

Interview by voice call, 21 October 2020.

264

Interview by voice call, 11 May 2021.

265

Interviews by voice call, 21 October 2020, 19 January 2021.

266

Interview by voice call, 19 January 2021.

255

256

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

7.3 DEHUMANIZING TREATMENT AND NEGLECT

Information collected by Amnesty International show that security officials also subjected returnees to other ill-

treatment, including denial of medicine and stress positions. This treatment affected six returnees, including

children, and was designed to put them under pressure and instil fear during detention.

Some of this treatment was degrading and dehumanising, such as replacing names by numbers. Two

returnees told Amnesty International that intelligence agents assigned them numbers instead of using their

names.

267

“They registered our names and gave us numbers. My ‘name’ was 54… The next day, at 8.30am,

they called my number and others: they called 54 and 68,” said

Karim, who spent six-and-a-half months in

jail.

268

In two cases, interviewees reported that security officials denied them medical treatment and tortured one of

them because he asked for medical treatment (see 7.2 “Torture methods”).

269

One man who returned from

Jordan in 2018 and was arrested at the Jaber-Nassib border crossing told Amnesty International that a security

officer forced him to stand in stress positions. “He forced me to be completely naked, without underwear. He

took me outside. It was snowing. He threw cold water on my body. I felt it was my last hours. I prepared myself

to die and said my prayer,” said Wael, who was then detained at the Air Force Intelligence facility in

Damascus.

270

Amnesty International documented the case of torture or other ill-treatment of a three-year old girl and a

teenage boy. Yasmin, their mother, said that when the three of them returned from Lebanon, security officials

arrested them at the border crossing and

drove them to a military intelligence detention centre: “They [security

officers] put bags on our head so we couldn’t see where they took us. They put us in a very, very, cold room,

with no cement on the floor. It was freezing so we put all our clothes on…They

came into the cell, they

handcuffed me and my son but they couldn’t handcuff my daughter because she was three years old,” Yasmin

said.

271

These actions against men, women and children have caused suffering to detainees and amount to torture or

other cruel, inhuman or degrading treatment or punishment (‘ill-treatment’), which is prohibited by

international law.

272

Torture and other ill-treatment

resulted in physical as well as mental harm. “After I was

released, I couldn’t see anyone who visited me

for five months. I was too scared to speak to anyone. I had

nightmares, hallucinations. I was talking during my sleep. I used to wake up crying and scared. I’m disabled

because the nerves of my right hand are damaged due to ‘shabeh’. Some of the disks of

my back are also

damaged,” said Karim.

273

7.4

SYRIA’S OBLIGATIONS UNDER INTERNATIONAL LAW

Everyone deprived of their liberty must be treated with humanity and with respect for the inherent dignity of

the human person.

274

No one may be subjected to torture or to other cruel, inhuman or degrading treatment

or punishment. The right to freedom from torture and other ill-treatment or punishment is enshrined in Article

7 of the ICCPR, Article 2 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment

or Punishment (Convention against Torture, CAT) to which Lebanon is party, Articles 37(a) and Article 19 of

the CRC, and Article 8 of the Arab Charter.

275

This right is absolute. No exceptional circumstances whatsoever,

including threats to national security or other violent crime, may be invoked to justify torture or other ill-

treatment. The prohibition applies irrespective of the offence allegedly committed.

276

The prohibition of torture

is also a rule of customary international law, binding on all states whether or not they are parties to particular

treaties which contain the prohibition. It is one of a small number of peremptory norms of general international

law (jus

cogens

rules).

Interviews by voice call, 21 October 2020, 28 May 2021.

Interview by voice call, 28 May 2021.

269

Interviews by voice call, 21 October 2020, 19 May 2021.

270

Interview by voice call, 8 April 2021.

271

Interview by voice call, 16 December 2020.

272

In Article 7 of the ICCPR.

273

Interview by voice call, 28 May 2021.

274

Article 10 of ICCPR and Article 20(1) of the Arab Charter. The right to humane treatment is expressly non-derogable

under the Arab Charter (Article 4(2)).

275

Syria ratified the CAT in 2004.

276

Article 2(2) of CAT; HRC General Comment 20, §3; CAT: General Comment 2, §5, Israel, UN Doc. A/57/44 (2001) §53(i)

and CAT/C/ISR/CO/4 (2009) §14.

267

268

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

According to Article 1(1) of the Convention against Torture, an act constitutes torture if four elements are

present: (1) intention, (2) infliction of severe physical or mental pain or suffering, (3) a purpose such as

coercion, intimidation, obtaining information or a confession, or discrimination and (4) a degree of official

involvement.

277

In contrast, cruel, inhuman or degrading treatment or punishment is not defined under international law. In

line with the position of many international and regional human rights monitoring bodies, Amnesty International

considers that cruel, inhuman or degrading treatment or punishment may be defined negatively in relation to

torture in that it lacks one or more of the above-mentioned elements of the torture definition.

278

The Convention against Torture obliges Syria to take “effective

legislative, administrative, judicial or other

measures to prevent acts of torture in any territory under its jurisdiction”.

279

Syria’s obligations include the duty

to criminalize torture, to investigate allegations of torture and other ill-treatment promptly and impartially, to

bring suspected perpetrators to justice, to provide remedies to victims, to train all officials involved in the

handling of detainees regarding the prohibition of torture and other ill-treatment, to implement safeguards to

prevent torture and other ill-treatment, and to refrain from sending or returning (refouler) a person to a state

where she or he risks being subjected to torture, ill-treatment or other prohibited treatment.

280

By repeatedly subjecting Syrian detained returnees to torture or other ill-treatment during their interrogation,

the Syrian authorities violated the Convention against Torture and the absolute prohibition of torture. Under

international law, the authorities have an obligation to prevent torture; investigate whenever there are

reasonable grounds to suspect acts of torture or other ill-treatment have occurred, even when no official

complaints have been made; bring those responsible to justice; and provide reparation to victims.

For the full definition, see Convention against Torture, Article 1(1).

See Convention against Torture, Article 16. See also Committee against Torture, General Comment 2,

Implementation

of Article 2 by States Parties,

24 January 2008, UN Doc. CAT/C/GC/2 (2008), para. 10. For example, an act of ill-

treatment would constitute cruel, inhuman or degrading treatment or punishment rather than torture if it lacks the

required intention or the required purpose, or if the pain or suffering it causes is not “severe”.

279

Convention against Torture, Article 2(1).

280

Convention against Torture, Articles 3-16.

See also Committee against Torture, General Comment 2, para. 25 (“Articles

3 to 15 of the Convention constitute specific preventive measures that the States parties deemed essential to prevent

torture and ill-treatment, particularly in custody

or detention.”).

277

278

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

8. ENFORCED

DISAPPEARANCE

“My family thought that I was dead and had a funeral for me.”

Samer, who was forcibly disappeared by military intelligence forces for nine months after returning from Rukban.

281

Amnesty International documented 27 cases of returnees who have been subjected to enforced disappearance

–

i.e. when a person is arrested, detained or abducted by a state or state agents, who then deny that the

person is being held or conceal their whereabouts, placing them outside the protection of the law.

282

This

finding fits into a pattern of systematic enforced disappearances, amounting to crimes against humanity,

carried by the Syrian government since 2011 and documented by Amnesty International, the UN (including

recently) and other organizations.

283

In five cases, the authorities eventually informed families that their

disappeared relatives had died in custody.

284

8.1 ENFORCED DISAPPEARANCE

“We still don’t know where he is. We don’t know if he is alive or

dead.”

Ruha, whose husband was arrested two weeks after his return from Lebanon and has been forcibly disappeared for about two

years.

285

“If they are dead, I’ll make a grave for them and will visit them. I’ll

feel relieved. Just tell me if they are dead. This is unjust, nobody’s

Interview by voice call, 19 January 2021.

Article 2, International Convention for the Protection of All Persons from Enforced Disappearance;

283

Amnesty International,

Syria:

“Between Prison and the Grave”: Enforced Disappearances in Syria

(Index: MDE

24/2579/2015), 5 November 2015, amnesty.org/fr/documents/mde24/2579/2015/en/, UN HRC, Report of the

Independent International Commission of Inquiry on the Syrian Arab Republic, 11 March 2021, A/HRC/46/55, para. 85,

Human Rights Watch,

Syria: Tell families of missing the fate of loved ones,

13 May 2019, hrw.org/news/2019/05/13/syria-

tell-families-missing-fate-loved-ones

284

Interview by voice call, 17 December 2020; interviews in person, 20, 21 May 2020.

285

Interview in person, 20 May 2021, Lebanon.

281

282

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

experienced anything like this. We didn’t do anything. We are not

opponents.”

Zahra, who does not know the fate of her husband and her sister-in-law, arrested following their return from Lebanon.

286

Amnesty International has received testimony relating to the disappearance of 27 people, including four

children, who were subjected to enforced disappearance upon or after returning to Syria.

287

Returnees were

disappeared for at least one week and up to four years, with 17 disappearances still ongoing, according to

testimonies.

288

Security officials took five returnees immediately at the border crossing and five at checkpoints

in Syria, relatives of returnees said.

289

Their families have not heard from or of them since, except two

returnees’ wives who received a death notice (see 8.2 “Death in detention”).

290

Anwar told Amnesty International that his 58-year-old brother returned from Rukban in the summer of 2017.

“The driver [of the taxi who took him from Rukban to the checkpoint] told me that soldiers stopped them [his

brother and other people returning from Rukban] when they heard my brother’s name.

They took him and

told the driver to leave. Since then, we have had no news. His wife asked different intelligence branches but

they said that he was not detained,” Anwar said.

291

Among cases documented by Amnesty International, one family attempted to directly ask authorities the

whereabouts of their relative. “My family asked the criminal branch where I was. They said that I was not

there,” said Ashraf, who was actually detained in this branch for two-and-a-half

months.

292

Mustafa, whose

brother has been disappeared since he returned from Lebanon two years ago, said that his family did not

attempt to inquire about his brother’s location because they could not afford paying bribes to intermediaries

and/or officials (see 6.5 “Detention as a mean of extortion”).

293

In one case, Zahra told Amnesty International

that she obtained a permit to visit her sister-in-law

who was arrested and disappeared alongside Zahra’s

husband at a Lebanese border crossing. “When I arrived, they said that she was not there,” said Zahra,

who

has not heard of her or her husband for two-and-a-half years.

Amnesty International also documented the enforced disappearance of a 16-year-old boy and three young

children, aged two, four and eight years old.

294

Ibrahim, the cousin of the three young children, told Amnesty

International that security officials arrested the family that returned from France in early 2019 via Lebanon,

because the father was wanted by military intelligence. At the time of writing, they had been forcibly

disappeared for two years and eight months.

Article 1 of the International Convention for the Protection of All Persons from Enforced Disappearance

(ICPPED) absolutely prohibits enforced disappearances and specifies that “no exceptional circumstances

whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency,

may be invoked as justification for enforced disappearance”.

295

Every enforced disappearance violates a range of human rights, many of which are non-derogable. Treaty

bodies, human rights courts and other human rights bodies have repeatedly found that enforced

disappearances violate

–

including during armed conflicts

–

the right to liberty and security of person, the right

not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment, the right to a

remedy, and the right to life.

296

Thus the fact that Syria is not a party to the ICPPED does not release it from

Interview by voice call, 1 June 2021.

Interview by voice call, 16 November, 17 December 2020, 19, 28, 29 January, 15 February, 6, 11, 19 May, 1 June

2021; Interviews in person, 12, 20, 21 May 2021, Lebanon.

288

Interviews by voice call, 16 November, 17 December 2020, 28, 29 January, 15 February, 6 May, 1 June 2021;

Interviews in person, 12, 20, 21 May 2021, Lebanon.

289

Interviews by voice call, 17 December 2020, 28, 29 January, 6 May, 1 June 2021; Interviews in person, 12, 21 May

2021, Lebanon.

290

Interview by voice call, 17 December 2020, Interview in person, 12, 21 May 2021, Lebanon.

291

Interview by voice call, 28 January 2021.

292

Interview by voice call, 11 May 2021.

293

Interview by voice call, 15 February 2021.

294

Interview by voice call, 16 November 2020; interview in person, 21 May 2021, Lebanon.

295

ICPPED, Article 1.

296

European Court of Human Rights (ECtHR),

Kurt v Turkey

Judgment, 25 May 1998; Inter-American Court of Human

Rights (IACtHR),

Velasquez Rodriguez v Honduras

Judgment, 29 July 1988.

African Commission on Human and Peoples Rights,

Amnesty International and others v Sudan,

Communications 48/90,

50/91, 52/91 and 89/93, 15 November 1999; UN Human Rights Committee,

Mojica v Dominican Republic,

Communication 449/1991, Views, 10 August 1994.

286

287

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

the obligation not to subject anyone to enforced disappearance. Because enforced disappearances can violate

several human rights simultaneously, they are referred to as “multiple” or “cumulative” human rights

violations. An enforced disappearance is also a “continuing crime”, which takes place so long as the

disappeared person remains missing and information about his or her fate or whereabouts has not been

provided by the state. The ICPPED codifies the right of each victim and their family members to know “the

truth regarding the circumstances of the enforced disappearance, the progress and results of the investigation

and the fate of the disappeared person”.

297

This includes measures “to search for, locate and release

disappeared persons and, in the event of death, to locate, respect and return their remains”. The ICPPED also

provides

that that state shall ensure victims have the right “to obtain reparation and prompt, fair and adequate

compensation”.

298

8.2 DEATH IN DETENTION

“Officials at the branch told our lawyer that he died from a heart

attack. We were not able to retrieve his body, nor his belongings. My

niece did ask, but they refused.”

Hamida, whose husband was subjected to enforce disappearance after returning from Lebanon in late 2018.

299

Among returnees who were subjected to enforced disappearance, official authorities told the relative of five

that arrested returnees had died in custody, interviewees told Amnesty International.

300

After several months

without information about the location or fate of their loved ones, relatives received information that the

detainees had died, either after authorities notified the families or because relatives saw this information on

administrative documents, requested for unrelated purposes. Nisreen, whose husband was arrested after the

couple returned from Lebanon to Qalamoun with their baby mid-2019, told Amnesty International that this is

what happened to her, after three months without news of her husband. “I obtained a family statement. It said

that my husband passed away,” she said.

301

Maryam’s husband was subjected to enforced

disappearance in

similar circumstances, but his family found out through personal connections that he was being detained in

the notorious Saydnaya prison. Authorities officially informed his family of his death about four months after

he disappeared,

Maryam said. “My family-in-law

was informed that he passed away when they visited

Saydnaya. Officials told them to pick up his documents,” she said.

302

In a separate case, Amal told Amnesty International that authorities notified her of her

husband’s death, but

she found out two years and two months later that he was still alive, through one of his former cellmates. “Five

months after my husband’s arrest, army members went to his mother’s and gave her his ID. They said that he

died of diabetes

and gangrene…Last December, a former detainee visited his mother to tell her that he didn’t

die. He said that they [officials] said he died so that we stop asking about him,” Amal said.

303

IACtHR,

Blake v Guatemala

Judgment, 24 January 1998; ECtHR,

Tas v Turkey

Judgment, 14 November 2000.

ECtHR,

Demiray v Turkey

Judgment, 21 November 2000; IACtHR,

Bamaca Velasquez v Guatemala

Judgment, 25

November 2000.

297

ICPPED, Article 24(2).

298

ICPPED, Article 25(2) and Article 24(4).

299

Interview by voice call, 17 December 2020.

300

Interview by voice call, 17 December 2020; interviews in person, 20, 21 May 2020.

301

Interview in person, 20 May 2021, Lebanon.

302

Interview in person, 21 May 2021, Lebanon.

Amnesty International’s research, along with the research of the UN

Commission of Inquiry, the UN Office of the High Commissioner for Human Rights and Human Rights Watch, suggests

that tens of thousands of detainees have died in Saydnaya and other government-run detention centres since 2011.

Amnesty International,

Syria: Human Slaughterhouse: Mass Hangings and Extermination at Saydnaya Prison,

Syria (Index:

MDE 24/5415/2017), 7 February 2017, amnesty.org/en/documents/mde24/5415/2017/en/

303

Interview in person, 20 May 2021, Lebanon.

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

9. CONCLUSION AND

RECOMMENDATIONS

“I regret I returned to Syria. If I

had known what would happen,

I would have never come back.”

Wael, who returned from Rukban with his family and was immediately arrested, arbitrarily detained and tortured.

304

“Tell people to not return to Syria. Don’t go home. I came home

and I

regret it. Reconciliation is a big lie.”

Aya, who was raped and detained by intelligence officers upon her return from Lebanon.

305

As the Syrian government has retaken control of the majority of the country’s territory, its allies as well as

countries hosting a large number of refugees, as well as countries revising their asylum policies, such as

Denmark and Sweden, have been promoting the narrative that parts of Syria are safe for refugees to return to.

Yet, Amnesty International’s research show that it is anything but safe for refugees to return, with Syrian

authorities continuing to commit a range of gross human rights violations against individuals. Perceptions of

treason, of dissent or “terrorism” have fuelled accusations by security officers, who then subjected returnees

to torture or other ill-treatment, including sexual assault and rape; unlawful or arbitrary detention; and forced

disappearance. The violations against returnees documented in this report are consistent with and confirm a

wider pattern of violations committed by the Syrian government against perceived political opponents since

the beginning of the conflict.

306

The

evidence presented in this report shows that security forces’ hostile perceptions towards refugees, coupled

with the screening of returnees (either through organized returns; security clearance prior to return; settlement

upon return; and/or screening at border crossings), have caused at least one third of Syrian returnees whose

cases Amnesty International documented to suffer serious human rights violations on account of such

perceptions. It is worth noting that such perceptions are not based on individual circumstances; rather, it is a

broad assumption that applies to the whole group of refugees returning to Syria. Once refugees return, officials

Interview by voice call, 8 April 2021.

Interview by voice call, 17 December 2021.

306

Amnesty International,

Syria: “Between Prison and the Grave”: Enforced Disappearances in Syria

(Index: MDE

24/2579/2015), 5 November 2015, amnesty.org/fr/documents/mde24/2579/2015/en/; Amnesty International,

Syria: “It

Breaks the Human”: Detention, Torture, Disease and Death in Syria’s Prisons

(Index: MDE 24/4508/2016), 18 August

2016 amnesty.org/en/documents/mde24/4508/2016/en/; Amnesty International,

Syria: Human Slaughterhouse: Mass

Hangings and Extermination at Saydnaya Prison,

(Index: MDE 24/5415/2017), 7 February 2017,

amnesty.org/en/documents/mde24/5415/2017/en/;

304

305

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

draw the conclusion that they supported the opposition or participated in anti-government protests simply

because

they chose to leave instead of staying to “defend the nation”, or because they originate from areas

previously held by the opposition or because any one of their relatives is allegedly affiliated with the opposition.

Syrian authorities have screened returnees and identified those suspected of opposing the government or

having “betrayed” their country, and they do this through the various return processes (including organized

return processes, security clearance processes and settlement processes, as well as security checks at border

crossings).

One third of the cases documented in this report (22 cases out of 66) are tied to human rights violations that

took place in Damascus or the Damascus area. They show that even when indiscriminate violence is at a low

level, or the government is in control of a certain area, the risks remain nonetheless

–

in clear contradiction to

Denmark’s safety assessment of

Syria (see

3.3 European counties’ policy).

In fact, and as a result of the Syrian

government’s abuses,

returnees who have been able to flee have departed Syria once more and become

refugees again.

Based on these findings, Amnesty International concludes not only that no part of Syria is safe for returnees

to go back to, but also that people who have left Syria since the beginning of the conflict are at real risk of

suffering persecution upon return on account of their perceived political opinion and therefore qualify for

international protection under the 1951 Refugee Convention. Testimonies show that women are as much at

risk as men when they return and should therefore be granted the same level of protection.

Based on its determination of risks upon return, Amnesty International believes that any return to Syria at this

time would be in violation of the international obligation of non-refoulement, as stated in Article 33 of the 1951

Refugee Convention and other international instruments, which prohibits states from transferring people to a

place where they would be at real risk of persecution or other serious human rights violations.

307

TO EUROPEAN GOVERNMENTS:

•

Grant refugee status (rather than subsidiary protection status) to people who have left Syria since the

beginning of the conflict and are now, or have been in the past, seeking asylum, without any restriction

to the right to seek asylum.

Reconsider assessments designating parts of Syria as safe because indiscriminate attacks have

decreased. Safety assessments must include criteria based on the risks of human rights violations

committed by any actors, such as those involved in screening or processing returnees.

Maintain protection for Syrian refugees living in Europe. Immediately halt pushbacks, collective

expulsions, returns and other direct or indirect practices resulting in refoulement or chain-refoulement

of Syrian refugees and refrain from them in the future.

Urge Syria’s neighbouring countries,

including Lebanon, Jordan, and Turkey, to put an end to returns

of refugees to Syria and to respect the principle of non-refoulement.

Guarantee meaningful financial support to countries hosting large numbers of Syrian refugees and

translate commitments into concrete actions to take on a fair share of responsibility for supporting

Syrian refugees through:

▪

EU and member state contributions to UN inter-agency humanitarian appeals. The amounts

committed and disbursed should be published annually.

Bilateral assistance

– both financial and technical support, depending on the host country’s

needs

–

to enable the host state to provide support to refugees and asylum-seekers, including

ensuring access to adequate shelter, food, health care and education. The extent of such bilateral

assistance should also be published annually.

•

TO THE EU AND EU MEMBER STATES:

•

TO EUROPEAN AND OTHER GOVERNMENTS OPERATING RESETTLEMENT PROGRAMMES:

•

Increase resettlement commitments for Syrian refugees and provide complementary pathways to

protection, including community sponsorship.

Article 33 of the 1951 Refugee Convention states: “1. No Contracting State shall expel or return (“refouler”) a refugee

in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his

race, religion, nationality, membership of a particular social group or

political opinion.”

307

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

TO THE SYRIAN AUTHORITIES:

The Syrian government is fully aware of the actions it needs to take to stop the crimes against humanity,

including systematic torture and other ill-treatment, being carried out by its security forces. Amnesty

International has called on the Syrian government repeatedly to undertake the following:

•

End sexual violence, enforced disappearances, arbitrary arrests, torture and other ill-treatment and

make clear to all government forces and militias that such violations will not be tolerated.

Ensure the respect, protection and fulfilment of the human rights of all people in Syria, including those

of returnees; in particular, ensure that fleeing violence and persecution and living abroad as a refugee

is not used as a reason for persecution against people returning to Syria.

Provide clear and reliable information on administrative requirement and processes to return to Syria

and ensure this process is foreseeable and includes procedural safeguards.

Grant UN agencies, the International Committee of the Red Cross and NGOs unhindered access so

that they can monitor the return of those refugees who return and assist them in accordance with

international standards, without discrimination in access to aid.

Ensure that all persons deprived of their liberty are protected from torture and other ill-treatment and

are treated humanely in accordance with international standards, including the UN Standard Minimum

Rules for the Treatment of Prisoners (the Mandela Rules) and the UN Rules for the Treatment of

Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules).

Grant independent international monitors, such as the UN-mandated Independent International

Commission of Inquiry on the Syrian Arab Republic, unhindered access to all persons deprived of their

liberty and allow them to carry out unannounced inspection visits to all detention facilities to investigate

and monitor conditions.

Ensure that all those detained are registered, are brought promptly before a court, have access to a

lawyer, can challenge the legality of their detention before an independent court, are provided access

to medical care, are held in recognized places of detention and are allowed regular visits by their

families.

Inform families of the fate, whereabouts and legal status of all persons in their custody and respond to

all outstanding requests.

Ensure that all reports of torture and other ill-treatment, including sexual violence, are investigated,

that those suspected of responsibility are prosecuted in civilian courts in proceedings that conform to

international fair trial standards and that victims receive full reparation.

Provide full cooperation and unimpeded access to the Independent International Commission of

Inquiry on the Syrian Arab Republic, to investigate all alleged crimes under international law and

violations and abuses of international human rights law and international humanitarian law.

Become a party to the Optional Protocol to the Convention against Torture, and the International

Convention for the Protection of All Persons from Enforced Disappearance.

Accede to the Rome Statute of the International Criminal Court and issue a declaration accepting the

International Criminal Court’s jurisdiction since 1 July 2002.

Provide all Syrian refugees with a regular migration status which protects them from refoulement.

Grant permission to UNHCR once again to register new refugees.

Allow legal re-entry for refugees who returned to Syria and decided to leave again out of fear of

persecution.

Retract the decision of the General Directorate of the General Security Office to deport refugees who

entered Lebanon “illegally” after the date of 14 April 2019.

Do not implement the

“General policy paper for return of refugees” adopted on 14

July 2020.

•

TO THE LEBANESE GOVERNMENT:

•

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

TO THE LEBANESE, JORDANIAN, TURKISH GOVERNMENTS:

•

Maintain protection for Syrian refugees from refoulement.

End all deportations of refugees to Syria, as well as all other forms of direct or indirect transfers, in line

with the international obligation of non-refoulement and ensure that refugees from Syria are provided

absolute protection from refoulement to Syria or other places, regardless of their criminal record or

residency status.

End unfair and restrictive policies coercing refugees to return to Syria, which amount to constructive

refoulement.

Ratify the 1951 Refugee Convention and its 1967 Protocol.

TO THE LEBANESE AND TURKISH GOVERNMENTS:

•

TO THE LEBANESE AND JORDANIAN GOVERNMENTS:

•

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Amnesty International

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

AMNESTY INTERNATIONAL

IS A GLOBAL MOVEMENT

FOR HUMAN RIGHTS.

WHEN INJUSTICE HAPPENS

TO ONE PERSON, IT

MATTERS TO US ALL.

[email protected]

+44 (0)20 7413 5500

JOIN THE CONVERSATION

www.facebook.com/AmnestyGlobal

@Amnesty

UPN, Alm.del - 2021-22 - Bilag 32: Invitation til lukket ekspertmøde om situationen i Syrien den 23. november 2021

“YOU’RE GOING TO YOUR DEATH”

VIOLATIONS AGAINST SYRIAN REFUGEES RETURNING TO SYRIA

Syrian intelligence officers have subjected women, children and men returning to Syria to

unlawful or arbitrary detention, torture and other ill-treatment including rape and sexual

violence, and enforced disappearance. These violations have been a direct consequence of

perceived affiliation

with the opposition simply deriving from refugees’ displacement. Based

on these findings, Amnesty International concludes that no part of Syria is safe for returnees

to go back to, including Damascus or the Damascus area, and people who have left Syria

since the beginning of the conflict are at real risk of suffering persecution upon return, with

women being as much at risk as men.

Therefore, Amnesty International believes that any return to Syria at this time would be in

violation of the international obligation of non-refoulement, which prohibits states from

transferring people to a place where they would be at real risk of persecution or other serious

human rights violations.

Amnesty International is calling on European governments to maintain protection for Syrian

refugees living in Europe and grant refugee status to people who have left Syria since the

beginning of the conflict.

INDEX:

MDE 24/4583/2021

SEPTEMBER 2021

LANGUAGE: ENGLISH

amnesty.org