A/HRC/21/50 across four governorates in five months. Another interviewee was transferred to four different locations in Dar‘a and Damascus, again during five months. Where there were multiple transfers, interviewees suffered physical violence in each location. 81. The majority of detainees described being held in small, overcrowded cells. Two interviewees reported that cells were so overcrowded that it was impossible to sit or lie down. All but one reported that food and water were inadequate. One interviewee stated that, having been without water for a week, he had to drink his own urine. Several interviewees stated that their cells had no toilet. Four interviewees described cells infested with insects and lice. The commission was unable to corroborate reports of the denial of medication and medical treatment. 82. The commission recorded accounts that, if verified, would amount to a breach of the Standard Minimum Rules for the Treatment of Prisoners (see annex II). 83. The commission confirms its previous finding that torture and other forms of cruel, inhuman or degrading treatment were committed by Government forces and Shabbiha, in violation of the State‘s obligations under international humanitarian law and international human rights law. 84. The commission determined that severe pain was inflicted upon persons in official and unofficial detention centres, during house searches and at checkpoints. It also found that torture was inflicted to punish, to humiliate or to extract information. Much of the physical violence described by interviewees has been found to constitute torture by various international tribunals (see annex II). 85. The commission found reasonable grounds to believe that torture was perpetrated as part of a widespread attack directed against civilians by Government forces and Shabbiha who had knowledge of the attack. It concludes that torture as a crime against humanity and as a war crime was committed by Government forces and Shabbiha members. Members of security forces, in particular military and air force intelligence, appear to be primarily responsible for torture and ill-treatment. The commission noted the involvement of Shabbiha members in acts of torture in unofficial detention centres in Homs in February and March. 86. The commission found that conduct such as forcibly shaving detainees and forcing them to imitate dogs constitutes cruel, inhuman or degrading treatment. Similarly, the conditions of detention as described in interviews constitute cruel, inhuman or degrading treatment of detainees. 2. Anti-Government armed groups 87. Fifteen interviews were conducted about the treatment of members of Government forces and Shabbiha members by anti-Government armed groups. All interviewees claimed to be members of these armed groups and detailed the capture, interrogation and either release or execution of those detained. Three interviewees stated that captured Government fighters and Shabbiha members were tortured during interrogation prior to execution. 88. The commission found reasonable grounds to believe that torture and other forms of ill-treatment were committed by anti-Government armed groups during interrogation of captured members of Government forces and the Shabbiha. It determines that severe pain was inflicted to punish, to humiliate or to extract information. 89. The commission determines, however, that the acts of torture were not committed as part of either a widespread or systematic attack on a civilian population; therefore, they do not constitute crimes against humanity, but may be prosecutable as war crimes. 16

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