A/HRC/18/53 carried a sharp weapon in his hand, he received few shots from a short distance, most probably by his fellow terrorists. We will attach a detailed report including procedures and results of judicial investigations and medical exams performed on his cadaver. 8. Syrian penal code contains clear texts in relation to committing acts of violence or torture on detainees, including severe punishment for conducting unlawful imprisonment. Related to this point, following, is our answer in details: (a) Personal freedom is a sacred right guaranteed by the Constitution and the law. Detaining individuals without proper charges formulated according to judicial regulations is prohibited. It equals unlawful imprisonment and is punishable by the law. Article number (357) of the penal code states that conducting unlawful detention or imprisonment is punishable by a temporary hard labor sentence. Article (358) states that a punishment of three years of imprisonment is applied to prison guards, managers of disciplinary institutions and their staff when they accept to receive detainees without proper legal warrant, or court decision, or when they keep detainees beyond the legal term of sentences. When a Syrian citizen is arrested, he is informed of the legal reason for his arrest, the crime he is accused of and the article of law which will determine his punishment. He is also given copies of files containing information of invitation to interrogation. A magistrate examining felony or misdemeanor cases has the authority to issue an invitation for interrogation that will eventually be substituted by an arrest warrant after interrogation of the suspect, when it applies. When a defendant is detained for over 24 hours without being interrogated or brought to the attorney general, his detention is considered to be an unlawful arbitrary act. Whoever is responsible for this situation will be persecuted according to article number (358) of the penal code for unlawful imprisonment. (b) Article number (391) of the penal code stipulates punishment for conducting any kind of torture, according to the following text: He who conducts illegal torture acts in order to get someone to admit a crime, or deliver information related to a crime, will receive a punishment of imprisonment for 3 months to 3 years. If acts of torture committed led to illness or injury of the person tortured, a minimum punishment by the law is one year of imprisonment. The expression used in the text of this law singles out “the slightest forms of torture”. It should also be mentioned that the Syrian Arab Republic has joined the International Convention Against Torture and has presented its report on 3-4 May 2010 and relevant documents to the Committee. The Syrian Arab Republic is committed to all the principles of the International Convention Against Torture and supports measures taken against torture and other cruel, inhuman or degrading treatment. In Syria, it is agreed that from constitutional, jurisprudential and legislative view points, when a treaty completes its ratification procedure of constitutional precedence over any legislative text in force, it is treated equally to any national legislation. When it is inconsistent with the text in question, it will rule over the existing text, as it will be considered as an improvement. When we sum up the 1973 permanent Syrian constitution, especially the two articles number (71) and (104), we realize that it gives treaties a value equal to domestic Syrian laws. This means that when a treaty is concluded and properly approved by constitutional rules, even when it contradicts with an enforced domestic law, it will have an equal value to it. Having said that, allegations that torture is performed routinely by Syrian law enforcement officers or that authorities tacitly encourage torture during 82

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