A/HRC/RES/38/16
15.
Strongly condemns the continued widespread practices of enforced
disappearance and arbitrary detention and the use of sexual violence, torture and illtreatment, especially in detention facilities run by the Syrian authorities, including those
acts referenced in the reports of the Commission of Inquiry and those depicted in the
evidence presented by “Caesar” in January 2014, and notes that such acts may constitute
violations and abuses of international human rights law or violations of international
humanitarian law;
16.
Recognizes the permanent damage that torture and ill-treatment, including
sexual abuse and violence, cause to victims and their families, and condemns the denial of
medical services in all prisons and detention facilities;
17.
Strongly condemns the reported killing of detainees in Syrian Military
Intelligence facilities, in particular in the Mezzeh airport detention facility, and Military
Security Branches 215, 227, 235, 248 and 291, and the reported killing of detainees at
military hospitals, including Tishreen and Harasta, and expresses deep concern at reports
that the regime used a crematorium to conceal a mass killing of prisoners at the Saydnaya
penitentiary complex;
18.
Calls upon the Syrian authorities and all other parties to the conflict to ensure
the effective implementation of Security Council resolutions 2139 (2014) of 22 February
2014 and 2254 (2015) and, in particular, to end the arbitrary detention and torture of
civilians and sexual violence in the Syrian Arab Republic, notably in prisons and detention
facilities, as well as kidnappings, abductions and forced disappearances, as demanded by
the Council in its resolution 2139 (2014) and by the Commission of Inquiry in its
recommendations;2
19.
Urges all parties to take heed of the recent recommendations on the issue of
detainees by the Commission of Inquiry,2 and in particular calls for the appropriate
international monitoring bodies to be granted immediate access without undue restriction to
all detainees and detention facilities, and for all parties, in particular the Syrian authorities,
to publish a list of all detention facilities, to allow access to medical services for all
detainees and to provide information on those they have detained to their families;
20.
Demands the immediate release of all persons arbitrarily detained, including
women, children, older persons, persons with disabilities, human rights defenders,
humanitarian aid providers, medical personnel, the wounded and sick, and journalists, and
notes the importance of ensuring justice for those arbitrarily detained;
21.
Condemns the reported forced displacement of populations in the Syrian
Arab Republic, expresses deep concern at reports of social and demographic engineering in
areas throughout the Syrian Arab Republic, and calls upon all parties concerned to cease
immediately all activities that cause these actions, including any activities that may amount
to war crimes or crimes against humanity;
22.
Expresses deep concern at the situation of the 6.6 million internally displaced
people across the Syrian Arab Republic, and urges all parties to ensure that any evacuation
and movement of civilians is consistent with international humanitarian law and
international human rights law, as applicable;
23.
Deplores the existence and application of national legislation, in particular
Syrian law No. 10/2018, which would have a significant detrimental impact on freedom of
movement and the right of Syrians displaced by the conflict to return to their homes in a
safe, voluntary and dignified manner when the situation on the ground allows it, and calls
for its repeal;
24.
Urges all parties to take note of the recent recommendation of the
Commission of Inquiry on ensuring that the right of return is fully respected and facilitated
by guaranteeing that all return movements are voluntary and subject to informed consent to
the places of origin and protect all property and tenancy rights; 2
2
4
See A/HRC/37/72.
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