European Youth in Syrian Detention Face Uncertain Futures

In northeast Syria, young Europeans, including Hamza Ben Abd, find themselves trapped in a complex legal limbo that raises urgent humanitarian concerns. Detained since he was 15, Ben Abd reflects on his seven years of confinement, having left Islamic State (IS) territory with his mother and siblings. Now 22, he expresses a deep sense of despair: “I don’t know when I’m going to go out of this nightmare,” he lamented during an interview at the Orkesh Centre near Qamishli.

Ben Abd’s story is emblematic of a larger issue. As IS lost its territorial control in Syria, tens of thousands of individuals, including many children, remain imprisoned in facilities that lack proper judicial oversight. Reports describe Panorama prison, a facility visited by The Irish Times, as a site where detainees endure severe conditions akin to “Guantánamo on steroids.”

The plight of minors whose parents brought them to conflict zones complicates the situation further. Fionnuala Ní Aoláin, the former United Nations special rapporteur on human rights and counter-terrorism, emphasizes that children are being unfairly punished for their parents’ actions. Following her visit to the region, she stated, “States of nationality have a sustained obligation to repatriate their nationals held in multiple detention facilities in northeast Syria.” She described the current situation as a “black legal hole,” where children suffer due to the alleged security threats posed by their familial ties to IS.

At the Orkesh Centre, approximately 145 boys and young men are undergoing deradicalization programs. Local authorities claim that removing these young individuals from their families is for their protection. Yet, such separations have drawn criticism, raising questions about the effectiveness and morality of this approach. Welat Salah, a staff member at the centre, noted that the challenge intensifies once these individuals reach the age of 18, advocating for their repatriation instead of continued detention.

Ben Abd’s past includes a brief involvement in IS activities, which he now views with regret. He recalls being a child fighter, one of the so-called “cubs of the caliphate.” His experience includes appearing in a propaganda video at the age of 11, yet he attempted to escape after suffering serious injuries from a mine explosion. Now, he faces dire medical conditions without access to necessary treatment. “I’d rather be in prison in France than here,” he stated, longing for a semblance of normalcy.

The situation for Ben Abd deteriorated when he was recently transferred to Iraq, where he faces indefinite imprisonment under harsh conditions. According to his lawyer, Marie Dose, the transfer was executed with French approval, despite concerns over potential torture and mistreatment. “France continues to ignore my requests and refuses to respond to them,” Dose said, highlighting the lack of action from French authorities regarding the repatriation of young detainees.

A French diplomatic source acknowledged the complexities involved, explaining that while efforts have been made to repatriate French nationals, the situation remains precarious due to the ongoing conflict in the region. The source emphasized that “French children have not chosen to join a terrorist organisation,” yet did not elaborate on the status of young adults who were minors when taken to Syria.

In a recent legal development, a French court ordered a review of Ben Abd’s case and those of two other young men within two months. This follows a European Court of Human Rights ruling condemning France for failing to justify the non-repatriation of individuals linked to IS. Dose argues that this ruling should extend to young adults, stating, “Young adults who were taken to Syria at the age of 10 or 11 are being made to pay for the deadly choices of their parents.”

Despite the grim circumstances, Ben Abd continues to express hope for a future in France, where he has family members, including a sister who was repatriated in 2019. He remains committed to his rehabilitation, practicing French and writing rap lyrics that reflect his experiences. “Daesh have taken everything from me,” he lamented, articulating the profound sense of loss he feels.

As international scrutiny of the treatment of detainees in Syria and Iraq intensifies, the fate of Ben Abd and others like him remains uncertain. Human rights organizations continue to advocate for their repatriation, urging governments to recognize these young individuals not as threats but as victims of circumstance. The call for action is clear: the international community must address the rights and futures of those caught in this humanitarian crisis.