A/HRC/21/50
140. The commission is unaware of efforts that meet international standards made by
either the Government or anti-Government armed groups to prevent or punish crimes
documented in the present report.
141. The Government‘s National Independent Legal Commission has reportedly been
investigating some allegations of violations. 28 The Government also set up a special inquiry
into the events of Al-Houla. The investigation reports received on Tremseh, Al Qubeir and
Al-Houla were considered by the commission. The commission was unable to identify any
case of successful prosecution of any military or security force commanders or civilian
superiors who bore responsibility for crimes against humanity, war crimes or gross human
rights violations committed since March 2011.
142. No credible information has been received about anti-Government armed groups
investigating, prosecuting and punishing members of their groups alleged to have
committed crimes and abuses identified.
V. Conclusions and recommendations
143. The human rights crisis has escalated significantly in the context of
unrestrained hostilities, which have evolved into a non-international armed conflict.
The civilian population across all communities bears the brunt of this conflict,
thousands having lost their lives in the spiral of violence.
144. The socioeconomic and humanitarian situation has further deteriorated,
leaving the majority of the population in a state of disarray. The commission
maintains that sanctions result in a denial of the most basic human rights of the
Syrian people.
145. The commission concludes that there are reasonable grounds to believe that
Government forces and the Shabbiha committed crimes against humanity, war crimes
and violations of international human rights law and international humanitarian law.
There are also reasonable grounds to believe that anti-Government armed groups
committed war crimes and abuses of international human rights law and international
humanitarian law. Both parties violated the rights of children.
146. Human rights violations and abuses must be thoroughly investigated. Evidence
of violations and abuses, including international crimes, must be systematically
collected to facilitate the process of holding perpetrators accountable. Access must be
accorded to the commission so that it may investigate such violations impartially and
in situ.
147. The commission believes that the large-scale operations during which the most
serious violations were committed were conducted with the knowledge, or at the
behest, of the highest levels of Government. Responsibility therefore rests with those
who either ordered or planned the acts or, in the case of those in effective command
and control, those who failed to prevent or punish the perpetrators. The consistent
identification of the Shabbiha as perpetrators of many of the crimes does not relieve
the Government of its responsibility, as international law recognizes the responsibility
of States that commit violations through proxies.
28
On 25 June, the commission chairperson met the head of the National Independent Legal Commission
in Damascus. The Commission is represented in the capital and governorates. It reportedly received
6,500 complaints, most of which refer to deaths and missing persons, levelled against the army, police
and anti-Government armed groups.
23
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