A complaint from Syrian organizations about the failure of the Turkish authorities to fulfill their obligations

A complaint from Syrian organizations about the failure of the Turkish authorities to fulfill their obligations

The signatory organizations are pleased to address the Special Rapporteur (SR) on violence against women, its causes, and consequences, in response to her call for inputs to inform her visit to Turkey, scheduled 18-27 July 2022. We draw the SR’s attention to the Turkish authorities’ failure to implement their obligations under international law in repressing, investigating, and prosecuting acts of violence against women in the Syrian territories that fall under the Turkish jurisdiction as an occupying power.[1]

you can read the full statement in Arabic

Background
Since August 2016, Turkey has occupied thousands of kilometres of northern Syria throughout military offensives[2] by which Turkey is controlling the territories and population either directly through its military forces or indirectly through its effective control over its backed Syrian National Army (SNA) and other factions.[3] Different UN bodies have addressed and established the fact of Turkey’s responsibility in these controlled territories “to ensure public order and safety, and to afford special protection to women and children”.[4] In the same context, the UN High Commissioner for Human Rights has emphasized Turkey’s responsibility to investigate violations and abuses in the territories under the control of its forces and affiliated armed groups.[5]

The SNA consists of multiple armed groups that allege to be unified under a central command[6], but each have their own leader(s), headquarters, agendas, structures, and areas of influence. For example, multiple armed groups are headquartered on Rajo Street in Central Afrin, where the building of the Turkish governor is located.[7] Turkey continues to channel its support and instructions directly to each group rather than through the central command of the SNA, keeping them financially dependent on Turkey. Different aspects of life in the areas under Turkish control are completely under Turkish influence.[8]

Evidence
The violations and abuses committed by the Turkish-controlled armed groups in the occupied territories in northern Syria have been addressed by numerous actors[9] including different UN bodies. Acts that constitute different forms of violence against women are regularly committed and credibly documented. Due to the repeated and targeted rape and sexual violence by SNA members against women and girls in Tal Abyad, many families have chosen not to return to their homes.[10]

One of the predominant violations in Turkish-controlled areas is arbitrary detentions and enforced disappearances for alleged links to the Autonomous Administration. Witnesses “reported that factions conducted arrests and were responsible for running detention facilities, with Turkish intelligence officials sometimes present at or directing interrogations”.[11] Between October 2020 and September 2021, civil society organizations[12] found that 54 women and girls were allegedly detained in the Afrin region. Detained women were subjected to different forms of torture and mistreatment that were practiced against them because they are women. STJ interviewed several victims and victims’ relatives who testified to this mistreatment.

Mrs. Z. M.[13] told STJ that she was detained by the Sultan Murad group in Afrin and was transferred to the Turkish governor’s building before being transferred to a Turkish military intelligence facility in Kilis city inside Turkey. She identified a Turkish speaker supervising and instructing two Arabic speaking investigators who tortured and ill-treated her in addition to two other women who were detained with her.

In another case, a Mrs. A. S. reported to STJ the presence and oversight of a Turkish official over female Jabhat Shamiya members who detained and tortured her in the group’s facility.

STJ followed closely the case of a group of civilians including 3 women and 3 children who were detained in 2018 by the Hamza Division in Afrin.[14] A former guard– who provided the detainees’ IDs – confirmed that the detainees were moved several times between detention facilities. He said that their transfer was on the instruction of Turkish authorities, and that they were subjected to torture and mistreatment. The fate and whereabouts of the detainees remains unknown; however, a report from first-level commander in the Military Police suggests that one of them was likely killed.

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