A/HRC/18/53
obtained from both private sources and the media. It reviewed information compiled by
national and international non-governmental organizations, the media and other information
in the public domain. In addition, the mission considered public statements made by
Government officials or submitted to OHCHR in the form of notes verbales.
13.
In interpreting its mandate and examining the facts obtained through its
investigations, the mission applied an international legal framework. During its
investigations, the mission compiled a list of 50 alleged perpetrators at various levels of
Government and its agencies in connection with incidents documented herein. This
information remains confidential but may be presented by OHCHR in the context of future
investigations and possible indictments by a competent prosecutor.
C.
Legal framework
1.
International human rights law
14.
The Syrian Arab Republic is party to most of the core international human rights
treaties, and has made international voluntary pledges, including to “continue working to
raise promotion and protection of all human rights and fundamental freedoms”.5 Four of the
international instruments ratified by the State and which apply to the events described in the
present report are particularly relevant: the International Covenant on Civil and Political
Human Rights; the International Covenant of Economic, Social and Cultural Human
Rights; the Convention on the Rights of the Child; and the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. The Syrian Arab Republic is
not a party to the International Convention for the Protection of All Persons from Enforced
Disappearance, although it is bound by the provisions of the International Covenant on
Civil and Political Human Rights that also prohibit enforced disappearances.
2.
International criminal law
15.
The Syrian Arab Republic signed the Rome Statute of the International Criminal
Court on 29 November 2000, but it has yet not ratified it. The Rome Statute establishes four
categories of international crimes: war crimes; crimes against humanity; genocide; and the
crime of aggression. In the present context, crimes against humanity are particularly
relevant to the events in the country since mid-March 2011, in particular the provisions
referring to murder, torture, enforced disappearances, persecution, imprisonment or other
severe deprivation of physical liberty, and other inhumane acts. Despite non-ratification,
the Syrian Arab Republic is still obliged to refrain from acts that would “defeat the objects
and purpose of [the] treaty” according to the Vienna Convention on the Law of Treaties
(art. 18), to which the State acceded in 1970.
3.
Domestic law
16.
While the Constitution of 1973 sets out basic freedoms that reflect international
standards, Syrian domestic law cannot be adequately relied on because it violates
constitutional guarantees and encourages impunity on two fronts.
17.
First, the Penal Code (Law 148/1949, as amended) sets out various crimes that are
broadly defined and may result in the violation of freedom of expression and association,
among others. These include “spreading false or exaggerated information with the aim of
harming the State”, “publishing mendacious information liable to weaken the nation’s
moral” (arts. 285-286) and “belonging to a secret society that aims to change the State’s
5
A/65/784, annex.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents