A/HRC/21/50
II. Legal conclusions
15.
The commission considers that Syria‘s domestic legislation fails to meet the
country‘s obligations under Article 9 of the ICCPR to ensure that those arrested and
detained on criminal charges appear ―promptly before a judge or other officer authorized by
law to exercise judicial power‖.
16.
There are reasonable grounds to believe that Government forces and Shabbiha have
continued to arbitrarily arrest and detain individuals during this reporting period. Particular
concerns are the holding of individuals without charge; the failure to provide detainees with
legal counsel or family visits and the absence in the vast majority of cases reported of any
form of judicial review of the detentions.
17.
With respect to the crime of enforced disappearance, the families of those arrested
were not informed, at the time of arrest or at any point thereafter, of the places of detention
of their relatives. With the exception of one detainee, no other detainees interviewed had
been afforded family visits.
18.
The majority of the families of those detained have not, according to their
testimonies, made attempts to obtain information about their relatives‘ places of detention.
The reasons for this are said to be twofold: fear that contact with the Government, including
at the time of the arrest, would prompt further arrests; and the fact that, in some instances,
on-going hostilities made going to official detention centres difficult, if not impossible.
19.
Where the Government has refused to acknowledge the arrest and detention or to
disclose the fate or whereabouts of the person concerned, the commission finds that there
are reasonable grounds to believe that the crime of enforced disappearance has occurred.
85
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