Yazidi survivors of torture by IS submit complaint to UN Committee against Torture

London, 24 March 2023: Five Yazidi survivors of torture by an Australian citizen and member of Da’esh (Islamic State) have filed a joint complaint against Australia to the United Nations (“UN”) Committee against Torture. The joint Complaint is directed at engaging the obligation of States, in this case Australia, to provide reparation to victims of torture pursuant to Article 14 of UN Convention against Torture. The five women, all abducted from their homes in Sinjar, Iraq, and forcibly transferred to Syria, were enslaved and tortured in captivity by Australian citizen, Khaled Sharrouf.

Despite Australia’s endorsement of the Political Declaration on Conflict-Related Sexual Violence, 16 December 2022, in which States pledge to support victims of sexual violence, and ensuring access to truth, justice and accountability, Australia has failed to provide the Complainants with any mechanism for obtaining redress for torture committed against them. The Complainants’ have all sought to obtain redress through the Australian legal system. However, their applications for compensation were rejected on the grounds that the compensation scheme only related to acts of violence committed in Australia and the lack of ability to finance reparations.

The Complainants’ experience reflects that of many Yazidi survivors of atrocities committed by members of Islamic State for whom there has been no reparation or redress for the grave crimes committed against them.

Tatyana Eatwell acts for the Complainants, led by Professor Philippe Sands KC (11 KBW), together with Joanna Buckley (Matrix Chambers), Dr Brendan Plant (Twenty Essex); and Robbie Stern and Tim James-Matthews (Matrix Chambers), instructed by Yasmin Waljee OBE, Helen Boniface, Alex Riposi and Haylea Campbell of Hogan Lovells.

Jessie Smith provided an expert report, filed together with the joint Complaint, on the conduct and crimes committed by Khaled Sharrouf in Australia before he travelled to Syria and in Syria, as a member of Islamic State, and certain aspects of the Australian counter-terrorism framework applicable to his case.

For further information about the joint Complaint, please see Hogan Lovells’ press release here.