A/HRC/21/50
during his visit to Damascus on 24 and 25 June. The Government has not delivered a final
report on its own inquiry, nor has it indicated when the report might be forthcoming.
43.
The commission conducted eight additional interviews, including with six witnesses
from the Taldou area, two of whom were survivors. It examined other materials, including
video recordings and satellite imagery. It also reviewed analyses from other sources.
44.
Forty-seven interviews from various sources were considered by the commission.
Interviews were consistent in their depiction of events and their description of the
perpetrators as Government forces and Shabbiha. Apart from the two witnesses in the
Government report, no other account supported the Government‘s version of events. The
commission carefully reviewed the two witnesses‘ testimony as set out in that report, and
judged their accounts as unreliable owing to a number of inconsistencies (see also annex
IV). Accounts of other witnesses interviewed by different investigators remained
consistent, including those collected from children, despite the fact that they were
conducted over an extended period of time.
45.
In its oral update to the Human Rights Council, the commission determined that
anti-Government armed groups, Government forces and Shabbiha could have had access to
the two crime scenes: the first, the seven Abdulrazzak family homes on Saad Road (Tariq
Al-Sad) and the second, the two Al-Sayed family homes on Main Street (Al-Shar‘i AlRaisi), across from the National Hospital. 10 The commission has since determined that the
checkpoint at Al-Qaws, which is closest to the Al-Sayed house on Main Street, remained in
Government control on the day of the incident. The front line between the opposition and
Government forces was north of the checkpoint. The commission, therefore, concluded that
it was highly unlikely that an anti-Government armed group would have had access to the
Al-Sayed family house on the day of the killings.
46.
Regarding the Abdulrazzak site, where more than 60 people were killed, the
commission considered that a large number of perpetrators would have been required to
carry out the crime. The commission found, through satellite imagery and corroborated
accounts, that the movement of vehicles or weapons, as well as the size of the group, would
have been easily detectable by Government forces stationed at the Water Authority
position. The commission therefore believes that access to the scene was not possible for
any sizeable anti-Government armed group.
47.
The National Hospital had been occupied by the army for several months when the
incidents took place. Although it was accessible by foot from both crime scenes, no one —
whether injured or fleeing the crime scenes — sought refuge there for treatment or
protection. As far as the commission could determine, all the injured and their relatives, as
well as people from nearby houses, fled to opposition-controlled areas. None of the injured
sought medical attention in the National Hospital. The Government report depicted the
loyalties of the Al-Sayed family as pro-Government, but surviving family members fled to
opposition-controlled areas of Taldou, choosing not to seek assistance from nearby
Government forces.
48.
The commission remains of the view that the Government has failed in its legal
obligation to investigate the murders in Al-Houla of 25 May 2012.
49.
On the basis of available evidence, the commission concluded that the elements of
the war crime of murder have been met. The killing of multiple civilians, including women
and children, was deliberate and connected to the ongoing armed conflict. There are
10
See A/HRC/20/CRP.1, para. 44 and annex.
11
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