A/HRC/18/53
humiliation.81 The mission photographed witnesses who bore injuries consistent with the
torture alleged. The mission’s forensic physician examined other victims who were
hospitalized after fleeing the country. Victims of arbitrary arrests declared that they had
been beaten and humiliated with insults referring to their religious, democratic or political
beliefs. Many victims reported abuse such as “You want freedom, this is your freedom”
during torture or beatings.
C.
Deprivation of liberty
85.
The Syrian Arab Republic has also violated the right to liberty as enshrined in article
9 of the International Covenant on Civil and Political Rights through the widespread
practice of arbitrary, unlawful arrests and subsequent unlawful detention aimed in large part
at intimidating protestors, including women, children and the elderly.82
86.
Statements point to two categories of detainees. Firstly, individuals suspected of
being Government opponents (including activists and protest organizers) arrested during
sweeping raids that appeared to be both speculative and unwarranted. Secondly, detainees
arrested during operations to collectively punish inhabitants of cities and towns that the
authorities perceived to be recalcitrant or centres of democratic activism. Arrests appeared
to be random and widespread.83 Medics and human rights activists were also targeted.
Several witnesses who fled the country reported that members of their families had been
arrested in lieu of the person being sought.
87.
Witnesses who had been detained claimed that they had been denied fair trial
provisions, such as access to a lawyer or any form of legal recourse.84 They were not
informed of the reason for their arrest or allowed to contact their families. They were
constantly moved from one detention centre to another without notice, and often tortured or
inhumanely treated in each facility. Scores of civilians were collectively brought before
investigative judges, often bearing the signs of torture or beatings, or had ad hoc hearings in
their cells with military personnel, without knowing the charges against them. In addition,
there was no appeal process. Many detainees were forced to sign or fingerprint documents
while blindfolded, not knowing what the documents contained. Others had to sign pledges
declaring that they would no longer take part in demonstrations.
81
82
83
84
In some cases, male detainees were forced to remain naked for long periods in their cells, or while
being otherwise tortured or under interrogation. The mission received a number of reports of sexual
assault or rape of women and girls during raids on homes. The mission was unable to corroborate
these accounts.
Targeted and mass arbitrary arrests and unlawful detention were reported in, inter alia, Aleppo,
Baniyas, Damascus (city and outskirts), Dar’a (city and outskirts), Jisr Al Shughour and Al
Ladhiqiyah. During the siege on Dar’a, it was reported that hundreds of people were arbitrarily
arrested on a daily basis. Witnesses told the mission that, given the very large number of detainees,
school yards and sports fields had been transformed into makeshift detention areas.
Most of those interviewed by the mission were not privy to the whereabouts of their detained family
and friends.
See the International Covenant on Civil and Political Rights, article 14, and the United Nations
Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules), General Assembly
resolution 45/110, annex.
23
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