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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