A/HRC/39/65
of informal housing, and corruption in government systems. The massive scale of
destruction, displacement and death wrought by seven years of conflict has created more
hurdles for individuals seeking to protect their rights, in particular for refugees, internally
displaced persons and female-headed households. Displaced persons are particularly
affected owing to their limited access to basic information and greater vulnerability.
Governments have not only the right but also the obligation to develop a framework for
reconstruction and development, and the protection of property rights. In this context, and
since at least 2013, the domestic Syrian legal framework has been undergoing significant
changes concerning property rights.
91.
During the period under review, much attention was paid to Presidential Decree (or
“Law”) No. 10, which expands and modifies Presidential Decree No. 66/2012. The
Commission has regularly drawn attention to the promulgation of laws and decrees that
may appear to be legitimate attempts to reform land laws and accelerate reconstruction but
do not take into account the situation of displaced persons. Law No. 10, for example, does
not appear to take into account the issue of missing persons, female-headed households,
good faith transactions undertaken in areas outside of government control, barriers to
protecting property rights remotely or the lack of civil documentation of a large proportion
of those displaced.28 In addition, the Commission’s review of existing legislation indicates
that Presidential Decree No. 19/2012 on counter-terrorism allows for persons convicted of a
wide range of offences to have their property confiscated by the State. Investigations into
these legal developments are ongoing.
VI. Ongoing investigations
92.
Throughout 7 April, numerous aerial attacks were carried out in Douma, striking
various residential areas. A vast body of evidence collected by the Commission suggests
that, at approximately 7.30 p.m., a gas cylinder containing a chlorine payload delivered by
helicopter struck a multi-storey residential apartment building located approximately 100
metres south-west of Shohada square. The Commission received information on the death
of at least 49 individuals, and the wounding of up to 650 others.
93.
While the Commission cannot make yet any conclusions concerning the exact
causes of death, in particular on whether another agent was used in addition to chlorine that
may have caused or contributed to deaths and injuries, it recalls that the weaponization of
chlorine is prohibited under customary international humanitarian law and under the
Convention on the Prohibition of the Development, Production, Stockpiling and Use of
Chemical Weapons and on Their Destruction, ratified by the Syrian Arab Republic in 2013.
94.
After the fall of ISIL in Raqqah and Dayr al-Zawr governorates in October and
December 2017 respectively, a number of issues continue to prevent the feasibility of
civilian return. Such issues include the large-scale destruction of civilian homes and
infrastructure, including hospitals, schools and other protected objects, and electricity and
water lines, lack of reconstruction, unexploded ordnance contamination left by the coalition
led by the United States of America and affiliated SDF in Raqqah (see para. 65 above), and
the lack of clearance of mines, booby traps and improvised explosive devices left by ISIL
as part of its withdrawal strategy from both governorates. The absence of basic services
poses significant obstacles; the Commission has for example received information
according to which some civilians in Dayr al-Zawr drink unpotable water directly from the
Euphrates River. It has also received allegations of arbitrary arrest by SDF forces manning
checkpoints in both Raqqah and parts of Dayr al-Zawr. Protection concerns, ongoing
unlawful internment of internally displaced civilians by the SDF in the north of the Syrian
Arab Republic (A/HRC/37/72, annex III, paras. 1–18), and lack of access to telephone and
Internet lines continue to curtail access to victims and witnesses.
28
In particular, many Syrian lawyers consulted by the Commission point to the requirement to have the
powers of attorney cleared by the intelligence branches before they can be recognized.
17
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