A/HRC/39/65
and disappeared by armed group members on 22 March. Numerous individuals also pointed
out how suspected YPG supporters, former members of the civil administration and
members of their families, journalists, activists and perceived supporters of the Government
of the Syrian Arab Republic were targeted.
27.
Those detained by FSA-affiliated groups were never told where they were being
held, and often could not recognize their captors. Others described inhumane conditions of
detention, including overcrowded cells and minimal food. The Commission is investigating
reports of deaths in detention by Al-A’mshat armed group.
28.
Numerous residents reported widespread looting and appropriation of civilian homes
by members of armed groups when the latter entered Afrin city in March. Victims
described how houses were looted to the point where they had been “stripped of furniture,
electrical appliances and all decor”. Witnesses stated that Turkish troops were on occasion
present in the vicinity where lootings took place, but had not acted to prevent them. Further
reports were received on the looting of hospitals, churches and a Yazidi shrine. Regarding
the latter, the Commission also received reports on the destruction of other Yazidi religious
sites in attacks that appeared to have sectarian undertones.
29.
Cars were also stolen from residents, who had to purchase them back for between
$2,000 and $5,000. Some witnesses also reported that lootings were not carried out
exclusively by members of armed group but also by citizens, in particular immediately after
the fall of Afrin, reflecting how no actor was willing or able to uphold public order. Victims
reported cases of looting to a newly established “military police”, which mainly comprised
former FSA fighters, or to committees established by armed groups, both of which failed to
offer any tangible restitution.
30.
Beyond cases of looting, the Commission documented patterns of house
appropriations, in particular from Kurdish owners who had fled clashes. Returnees were
barred from their properties and informed by members of armed groups that their real or
presumed support for the YPG precluded them from living in the area. Homes were then
used by armed groups for military purposes, or as housing for fighters and their families.
Fighters and their families who arrived from eastern Ghouta via Idlib after its evacuation
(A/HRC/38/CRP.3, paras. 68–70) took over residences from Kurdish individuals who had
fled. Confiscated homes appear to have been systematically marked by armed group
members with graffiti.
31.
The Commission was unable to confirm the exact extent to which Afrin or its
environs were under the control of Turkish forces or armed groups at the time of writing.
Members of various armed groups repeatedly committed the war crime of pillaging in
Afrin, further seriously contravening the right to enjoyment of possessions and property. 10
If any armed group members were shown to be acting under the effective command and
control of Turkish forces, the violations committed may be attributable to Turkish military
commanders who knew or should have known about the violations. 11
Northern Homs governorate
32.
Pro-government forces initially encircled northern Homs in February 2012, after
which civilians were forced to subsist on locally produced food and the limited amount of
goods transferred through government-controlled checkpoints. Government forces
continued to deny sporadically the entry of vital foodstuffs and medicine throughout the
period under review, rendering northern Homs hard to reach by humanitarian actors.
Almost immediately after declaring a decisive victory over eastern Ghouta on 14 April,
pro-government forces redoubled their efforts to recapture northern Homs, and Yarmouk
camp and its environs (see paras. 41–46 below) by escalating aerial and ground attacks on
10
11
See for example The Prosecutor v. Germain Katanga, International Criminal Court, ICC-01/0401/07, 7 March 2014, paras. 925-957; see also Universal Declaration of Human Rights, art. 17.
Jean-Marie Henckaerts and Louise Doswald-Beck, Customary International Humanitarian Law, Vol.
I: Rules, International Committee of the Red Cross, 2005, rule 153.
7
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