US faces controversy over transfers of IS suspects from Syria

ERBIL (Kurdistan 24) – Since media reports claimed that the US is transferring suspected foreign members of the Islamic State (IS) held by the Syrian Democratic Forces (SDF) to other countries for prosecution, human rights organizations have claimed there are no proper procedures to ensure fair trials for those who may have been falsely accused, or that they will not be tortured.

In late July, the Wall Street Journal (WSJ) quoted a senior US Defense Department official saying that two dozen men had been returned to their countries of origin while “another 100 or so are in the process of being sent back to their countries.” 

On Friday, Human Rights Watch (HRW) said that the United States should ensure none are transferred to a country where they are at risk of torture or unfair trials, such as Lebanon.

In the first public account of an evident transfer by the US of detainees from northern Syria to their home countries, the Lebanese newspaper al-Akhbar reported on Thursday that they handed over eight Lebanese detainees from northern Syria to Lebanese Military Intelligence, 

“The US should create a transparent process with strong safeguards to ensure that no IS suspect is transferred to a country where they are at risk of torture or an unfair trial,” said Nadim Houry, HRW’s terrorism/counterterrorism director. “Transferring detainees in total secrecy without basic legal protections is a recipe for abuse.” 

The SDF, with US assistance, is holding an estimated 593 men from 47 countries accused of being IS fighters or members – many from Egypt, Morocco, Saudi Arabia, Tunisia, Turkey, and Russia, the New York Times reported. 

About 80 are said to be from Europe, including about 10 to 15 each from France and Germany. Al-Akhbar has reported that prior to the transfer, at least 13 Lebanese were in custody in northern Syria.

The US plays a key role in the detention of these men by helping the SDF run and secure its detention facilities, HRW said. 

Local officials told the group that they preferred not to prosecute foreigners and hoped countries would take back their nationals and “reduce the burden on them,” but foreign governments have expressed reluctance to take back IS suspects, citing security concerns and legal challenges.

The future of foreign IS members held in northern Syria was discussed at a meeting of key defense ministers of the International Coalition to Defeat IS in Rome in February, but no agreement was reached. 

The US has called on countries to return their nationals for prosecution, fearing the SDF is not equipped to run long-term detention facilities. Last week, two US citizens were handed over by the SDF to the FBI and brought back to the US. 

Nadim Houry told Kurdistan 24 that this could serve as a precedent for other Western countries to end the legal limbo of hundreds of foreign fighters, wives, and children, who have been captured by the SDF forces. 

“Not for all cases, but yes, I am hoping it can serve as an incentive to other countries to end the current vacuum. Other countries I suspect will say that unlike the US they don’t have staff on the ground to transfer them,” Houry said.

“But I believe you can think of alternatives if there is political will,” he said.

The United Nations Convention against Torture, to which the US is a party, as well as international humanitarian law, prohibits the transfer of detainees to a country where “there are substantial grounds for believing” they would be in danger of being tortured or would otherwise face mistreatment.

Editing by John J. Catherine