A/HRC/21/50
C.
Abduction and rape of women
23.
The commission received reports of women being abducted from the streets of
Homs city in April 2012. One woman, whose husband was a member of an antiGovernment armed group, was reportedly abducted along with six other women (including
a 14 year old girl) in early April 2012 in Karm-el-Zeytoun by ten men, dressed in black.
She stated that she and other women were placed in a van and blindfolded while being
transported. They were taken to a place that looked ―like a storage room‖. There she saw 20
naked women with injuries to their bodies. She and the other six women were raped while
the men shouted at them, ―You want freedom, this is your freedom.‖
24.
The interviewee remained in the room with the other women and girls for ten days,
during which time they were vaginally and anally raped on multiple occasions. She stated
that the other women were from various neighbourhoods of Homs city, including Baba
Amr, Bab Sbaa and El Khaldiyah. The women were released, allegedly, as part of a
prisoner exchange between the Shabbiha and the FSA. Following her release, she was
abandoned by her husband.
25.
Another woman interviewed described being pulled off a bus by Shabbiha at a
checkpoint in Bab Sbaa in April 2012. She and two other veiled women were reportedly
detained while other, unveiled women were allowed back on the bus. She stated that she
and the two other women were severely beaten before being taken to a house where there
were eight other women from Al-Houla who were naked and injured. She stated that she
and one other woman were ―rescued‖ by a Shabbiha who knew them. She was not aware of
what happened to the third woman.
D.
Women forced to walk naked in the streets
26.
The commission also received corroborated reports of women being forced at
gunpoint to walk naked in the streets of the Karm-el-Zeytoun neighbourhood of Homs,
again in February 2012.
E.
Legal conclusions
27.
The Commission finds that there are reasonable grounds to believe rape has been
perpetrated against men, women and children by members of Government forces and
Shabbiha. The rape and sexual violence was committed in connection to the armed conflict
and could be prosecuted as a war crime. Rape and sexual assault also formed part of torture
in both official and unofficial detention centres in violation of IHRL and IHL.
28.
Having previously identified the military operations in Homs city in February and
March 2012 and in Al-Haffe in June 2012 as part of a widespread or systematic attack
against a civilian population, the commission finds that the rapes which occurred during
this attack, made with knowledge of the attacks, could be prosecuted as crimes against
humanity.
II. Anti-Government armed groups
29.
The commission has not received any reports of rape or other forms of sexual assault
perpetrated by members of the anti-Government armed groups. Lack of access to the
country has further complicated the investigation of alleged incidents of sexual violence by
all parties to the conflict.
94
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