A/HRC/23/58
including through burning and mutilation, is a war crime found to have been perpetrated by
individuals on both sides.
4.
War crime of sentencing or execution without due process
Anti-government armed groups
58.
During the period under review, armed groups established judicial and
administrative mechanisms across Aleppo, Dara’a, northern Idlib, Ar Raqqah, Al-Hasakah,
Dayr az Zawr and parts of eastern Damascus governorate, attempting to fill the vacuum
created by the absence of Government institutions.
59.
In Aleppo, Damascus, Dara’a, Idlib, Dayr az Zawr and Ar Raqqah governorates,
civilians and hors de combat Government soldiers were sentenced and executed without
due process. Armed groups apply the loose standard of “having blood on one’s hands” to
denote responsibility for criminal conduct deserving the death penalty.
60.
In Dara’a and Ar Raqqah, armed groups used public show trials and executions of
detainees affiliated with the Government to assert their authority and instil fear among
civilians. In Yarmouk camp, Damascus, two people accused of being Government
collaborators were hanged in a public square on 3 March without recourse to a regularly
constituted court. On 14 May, fighters claiming to be from the Islamic State of Iraq and the
Levant executed three Alawite men in a public square in Ar Raqqah city. The judgement
stated that the execution was in retaliation for the massacre in Baniyas and Homs on 2 and
3 May. A series of trials in Ar Raqqah city and in Al-Shajarah (Dara’a) in April had
sectarian dimensions. Witnesses stated that captured Alawite soldiers were consistently
found guilty and executed, while non-Alawites were imprisoned or released.
61.
In Aleppo, divisions among armed groups compromised efforts to establish a
cohesive justice system. Attempts to establish independent civilian law enforcement
structures were obstructed by armed group commanders wary of interference in their
interests. Failure to agree on an applicable body of law means order is enforced arbitrarily,
and courts are not regularly constituted.
62.
Two competing bodies administer justice in Aleppo. The Judicial Council applies
legal doctrine derived from regional sources of law, while the Sharia Board applies
interpretations of Islamic law. Both have close functional links to the FSA, compromising
their impartiality and independence, while the provision of basic guarantees essential to fair
trial varies widely. According to one interviewee, the Sharia Board in Aleppo does not
permit defence lawyers to participate in proceedings.
63.
The war crime of sentencing and execution without due process was committed by
armed groups in Aleppo, Damascus, Dara’a, Idlib, Dayr az Zawr and Ar Raqqah. In the
cases described, sentences were passed and individuals – who were either hors de combat
fighters or civilians – were executed with no previous judgement pronounced by a court
providing the judicial guarantees generally recognized as indispensable under international
law.
C.
Arbitrary arrest and detention
Government forces and affiliated militia
64.
Government forces continue to use deprivation of liberty as a weapon of war, and to
collectively punish localities perceived to be supporting the armed opposition.
65.
Family members of alleged armed group members are arrested and detained. In one
documented incident, on 10 April, a man whose brother was wanted for arrest was detained
12
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