Overview

More than 5,700 people suspected of links to Islamic State have been transferred from prisons in Syria into Iraqi custody, Iraq’s national centre for international judicial cooperation confirmed, with detainees reported to come from 61 countries including Australia, New Zealand, the UK and the US. The Australian Department of Foreign Affairs and Trade says it is aware of the transfer and is seeking further details but has not confirmed how many Australian citizens were among the group or whether it is providing consular help. Unconfirmed overseas reports suggested around 13 Australians could be involved; it remains unclear what charges they — if any — will face, whether death sentences could be sought, or whether detainees would be returned to their home countries if not prosecuted.

Concerns and legal issues

Iraq has a recent record of carrying out executions, mostly for terrorism convictions, and Australian law bars federal assistance in death-penalty cases unless assurances are given that capital punishment will not be imposed or carried out. US forces said the transfer took 23 days and described it as a move to reduce the risk of an ISIS resurgence in Syria. UN experts and human-rights lawyers have criticised the mass, rapid transfers as lacking legal process or oversight, warning that the cohort likely includes a mix of alleged fighters, victims and civilians and that many have never had a proper screening or trial. The transfer comes amid wider questions about repatriation and indefinite detention in Syria — including the recent forced return of 34 Australian women and children to a Syrian camp — and has prompted calls for clearer legal safeguards and transparency, as reported by The Guardian