A/HRC/18/53
interrogations of suspects in places of detention are untrue, it has no legal or material
evidence. Following Abolition of the State of Emergency Law, decree number (161)
on 21 April 212011, and decree number (55) on 21 April 2011, the possibility of
maintaining allegations of the existence of arbitrary detention or abuse of the law in
any of our law enforcement institutions is no longer plausible.
Here is a list containing the numbers of cases of allegations of torture performed on
detainees:
courts
Number of cases
Damascus Court
1
Damascus countryside court
5
Aleppo Court
1
Lattakia Court
1
Dair Al Zor Court
2
Hama Court
1
Idlib Court
none
Raqqa Court
none
Hasaka Court
none
Homs Court
none
Tartus Court
none
Dara Court
none
Swaida Court
none
total
12
Authorities conduct investigations in these cases under the judiciary system as they
are usually cases involving suspects which accuse interrogators of torture in order to
get less punishment for their crimes. If it proven that torture has been used, the
investigation will be considered invalid. Confessions proven to be under torture are
also invalid.
No valid confession can be obtained by torture. Yet, when this happens, it has no
value without additional supporting evidence.
The general authority of the Cassation Court, which is the highest judicial authority,
produces jurisprudence rules that have the status of legal rules. For fear of making a
serious professional error, jurisprudence of the Cassation Court is respected by all
judges. Cassation Court declared that the mention of a confession made by an
accused of a crime in a police report is invalid, unless it is supported by additional
evidence (The general authority of the Cassation Court, decision number 293, in the
court case number 538 of the year 2005). It also stipulates that confessions in
presence of law enforcement agents are revocable, it is not considered as legal proof
of crime unless supported by additional evidence (Decision number 400, in the court
case number 97 of 2005). A confession mentioned in a police document is not a
basis for judgment and neglecting essential motives and other evidence pieces or
refraining from discussing these elements is considered to be a serious professional
error (Decision number 52, in the court case number 259 of 2006). Information
obtained by force in police stations, although it might appear to be important for the
investigation taking place, and might help to uncover the truth, is legally invalid,
unless supported by additional pieces of evidence. Not taking into consideration
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