A/HRC/37/72
beds, tables, and a solar panel. Medical staff said they believed that the attack was carried
out as reprisal against them for having treated a large number of civilians who were injured
in pro-Government forces’ bombardments in the days preceding the shelling.
26.
Between 14 and 17 November, 84 people were reportedly killed and another 659
injured. On the afternoon of 20 November, when hospitals were overwhelmed with
casualties, shells believed to have been launched from pro-Government forces’ artillery
positions in Al-Maliha impacted the Kafh hospital and its surroundings in Kafr Batna. One
shell hit the roof of the hospital damaging water tanks and electrical installations. A second
shell hit the front of the hospital’s main entrance injuring a hospital worker in the head.
Another two shells landed near the hospital, killing a woman and her four children,
including two girls, aged between 2 and 11-years-old.
27.
In both incidents, interviewees denied the presence of fighters or other military
objectives in the hospitals. No warnings were issued prior to the attacks. Hospitals, medical
units, and medical personnel are afforded “special protection” under international
humanitarian law as a result of their specific humanitarian function, and parties to a conflict
must take additional, specific measures prior to targeting such objectives. Throughout the
entire Syrian conflict, in no instances has the Commission documented that proGovernment forces ever gave warning prior to attacking hospitals or medical units. Such
attacks constitute the war crime of intentionally targeting protected objects.
IV. Medical evacuations
28.
Until the initial closures of tunnels in February, only about 80 patients out of 700
estimated to be in need were able to leave eastern Ghutah to obtain treatment in Damascus
city. Those who left fell into two categories: one group were patients, such as those in need
of open-heart surgeries, who could only obtain treatment in Damascus as it was the only
city with the required specialists. The second group were patients, including those requiring
dialysis, who could be treated in eastern Ghutah were it not for the fact that siege conditions
prevented the required medication and equipment from reaching those in need. In both
groups, specific difficulties were faced by men and women. Men under the age of 42 risked
being conscripted by Government forces once they reached Damascus city. Further, if a
husband left for treatment, life for his wife and children became increasingly difficult.
Women and girls in need of medical care faced additional challenges as armed groups in
eastern Ghutah only allowed them to travel if accompanied by mahram (male guardian). In
practice, this meant that a seat for evacuation that could have been taken by another patient
was instead used for the mahram who did not medically need it.
29.
After the complete closure of tunnels in May, all movement of patients was halted,
leading to a desperate situation for those sick and wounded. Healthcare practitioners
reported that the closure of tunnels led to shortages of medical equipment and medication,
which — compounded by malnutrition — exacerbated existing medical conditions for
countless civilians.
30.
By early October, an estimated 368 patients, including 101 women and 48 children,
required urgent medical evacuation. Among them were two girls under the age of three, one
requiring heart surgery and the other chemotherapy. Requests for evacuations were
submitted to the Syrian Arab Red Crescent (SARC) and followed a heavily bureaucratic
process including having to go through the Ministry of Foreign Affairs, the Ministry of
Health, and obtaining authorisation by all parties controlling checkpoints along the route
patients needed to take. In October, a woman and 14-year-old girl were taken to Damascus
for treatment but reportedly only because they were exchanged for a member of Faylaq alRahman. Another four patients were reportedly evacuated in October.
31.
By December, the number of patients requiring evacuation had risen to 529. In an
attempt to assist the gravest cases, 29 patients with severe injuries and chronic diseases
were selected for immediate evacuation. While waiting for evacuation, at least two children
died, and nine men refused to leave eastern Ghutah because they feared being arrested by
Government forces. Their names were replaced with those of other patients. Requests to
pro-Government forces for guarantees that patients would not face reprisals went
25
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