A/HRC/22/59
undermines the legality of the arrest. To the extent that these violations amount to
inhumane treatment, they violate international humanitarian law.
2.
Anti-Government armed groups
73.
Anti-Government armed groups increasingly apprehended members of Government
forces, “informants” and their family members. Although access to victims was limited,
multiple accounts of armed groups taking hostages solely for ransom or exchange were
investigated.
74.
In August 2012, 48 Iranian citizens were apprehended by the Al-Bara brigades in
Damascus. The Islamic Republic of Iran asserted that the men were pilgrims, while the
armed group claimed they were members of the Revolutionary Guard of the Islamic
Republic. The men were allegedly threatened with execution unless the Government
released detainees. Such a threat constitutes hostage taking, a war crime.
75.
A former resident of Damascus living near Sayyidah Zaynab stated that “the FSA do
the same [as the army]. They also arrest and detain people. The FSA would only arrest
‘informants’. We don’t know what happened to them. They’d take them away and we’d
never see them again.”
76.
Anti-Government armed groups apprehended persons solely for ransom or
exchange, which is a war crime. To the extent that they inflict cruel, inhuman or degrading
treatment or punishment on the detainees, such groups violate international humanitarian
law.
D.
Enforced disappearance14
77.
One of the most insidious aspects of the Syrian conflict is the disappearance of
thousands of people from their homes, at checkpoints and from the street, as they go about
their daily lives.
78.
While the Syrian Arab Republic is not a party to the International Convention for the
Protection of All Persons from Enforced Disappearance, it is a party to the International
Covenant on Civil and Political Rights and the Arab Charter on Human Rights, provisions
of which are infringed by enforced disappearance. Enforced disappearance places its
victims outside the law, violating their right to recognition as a person before the law, to
liberty and security and freedom from arbitrary detention. It is often a gateway to the
commission of further crimes, such as torture.
79.
The investigation of enforced disappearance is often particularly difficult because
families — living in hope that their relatives will be safely returned to them — do not wish
to provide names and other details of disappeared persons. Lack of access to the Syrian
Arab Republic hindered further investigations.
1.
Government forces and affiliated militia
80.
There were multiple reports of enforced disappearance committed by Government
forces and affiliated militia. No information was provided to families who enquired about
their relatives’ whereabouts. Relatives of some detainees who approached officials were
themselves arrested, justifying a fear in others who might undertake similar enquiries.
14
14
See also annex VII.
GE.13-10627
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