A Canadian man referred to as SS is seeking intervention from the Federal Court to expedite his repatriation request from Kurdish-run prisons in northeastern Syria. According to documents filed by his lawyer, Nicholas Pope, SS claims to have suffered both physical and psychological torture during his detention, which has lasted since November 2024. He alleges that he has been beaten, has witnessed prison officials kill other inmates in front of him, and has been left to endure the presence of deceased prisoners' bodies in his room.
The urgency of SS's situation has prompted him to direct his plea not only to the Federal Court but also to three ministers responsible for foreign affairs, public safety, and immigration. His legal representative emphasizes that SS has not faced any criminal charges or received a legal process to contest his detention. Pope states, "There’s a decision that the government needs to render, and they’re not rendering the decision. And SS is not asking for a yes. SS is just asking for a decision, either a yes or a no."
Pope points out the stark contrast in timelines for repatriation applications, noting that others have been processed in as little as two months, while SS has waited more than seven times longer. He highlights that past repatriations primarily involved women and children and questions the rationale behind the lengthy delays experienced by men like SS. Pope suggests that the prolonged waiting period might indicate a bias based on gender, stating, “All of the men who are presently being assessed are having these same delays as SS.”
In January 2021, the Canadian government established a policy framework to assess repatriation requests from Canadians held in northeastern Syria, known as the "Government of Canada Policy Framework to Evaluate the Provision of Extraordinary Assistance: Consular Cases in North-Eastern Syria." This framework outlines a multi-step process, two of which SS has already met, with the final steps requiring a governmental decision regarding his repatriation.
Despite numerous inquiries, Pope asserts that the government has offered no explanation for the excessive delays. Alex Neve, a professor of international human rights law at the University of Ottawa, who participated in a civil delegation that visited Kurdish-run detention facilities, echoed concerns about the Canadian government’s reluctance to facilitate repatriations. Neve reported that Canadian detainees, including men, are left in deteriorating conditions, stating that many exhibit signs of intimidation and poor health.
Neve described his encounters during the 2023 delegation visit, noting the psychological distress of detained men, exemplified by one individual's reluctance to discuss health issues amidst the presence of others. He described detainees as looking drawn, pale, thin, and exhibiting body language that signals despair. The deteriorating situation is exacerbated by a new agreement between the Syrian government and the Syrian Democratic Forces (SDF), which has shifted control of Kurdish-held regions back to Damascus, leading to the transfer of detainees from Syria to Iraq.
Pope expressed concern over the implications of this transfer, which, according to reports from organizations like Amnesty International, could result in detainees facing even harsher conditions in Iraq, including mass executions and poorly managed prison environments. While Pope declined to comment on the reasons for SS's presence in Syria, he underscored the potentially dire consequences of the transfer. Global Affairs Canada acknowledged awareness of the ongoing situation and stated that the safety and security of Canadians remain a top priority. However, they refrained from providing further comments due to privacy and security considerations.
