A/HRC/22/59 the number of civilians killed at over 500. The FSA source claimed that Government forces killed 565 people, of whom 30 were FSA fighters. 27. Government forces that came to Harak on 18 August included the Syrian Army’s 52 Brigade, Military Intelligence, Air Force Intelligence and Political Intelligence. Members of the Shabbiha and possibly members of the Iranian Republican Guard accompanied the army. Government forces remained in Harak for nine days. For the first eight days they encountered resistance from the FSA. Having exhausted their ammunition, the FSA withdrew. Government forces re-established control in the town, while local residents returned to Harak to find many burned homes. The corpses of some civilians who had remained in Harak during the military operation were found throughout the town. Others who stayed behind had gone missing. 28. The FSA fighter described how he and his colleagues moved into areas following Government forces. This source claims to have seen 400 civilian corpses. Some of the civilian casualties were caused by shrapnel, some by close range gunfire and some bore severe knife injuries. Some bodies had been burned. Among the dead bodies were women and children. 29. Interlocutors accused the Shabbiha of removing many bodies from Harak. It is alleged that the corpses were buried in the nearby 52 Brigade Headquarters, to cover up the killing. According to the FSA fighter, “Government forces tried to hide the bodies of dead civilians, but we could smell them.” Another interviewee suggested that the Syrian Army commanders responsible for the operation presented the civilian dead as killed FSA fighters. 30. The level of brutality unleashed on Harak may be connected to its location. As mentioned above, the 52 Brigade headquarters is located near the town and there are other military bases in the area. As such, Harak became a port of call for defecting soldiers. Recognising this, the Syrian Army established a base in Harak in May 2011. Despite this, defectors continued to seek refuge in Harak. In May, the defectors forced the army out of Harak, killing around 10 soldiers. The commission continues to seek additional verification of events in Harak from 18 to 26 August, in particular from Government soldiers involved in the operation at the time. 31. It was determined that some civilian casualties in Harak bore injuries caused by shrapnel. Considering the presence of FSA fighters in Harak and the direct hostilities between Government forces and FSA fighters over the span of eight days, during which 30 FSA fighters were killed in combat, the commission is unable to conclude whether Government forces shelled Harak indiscriminately during the period between 18 and 25 August. However there are reasonable grounds to believe that Government forces and Shabbiha, committed the war crime of murder, killing persons hors de combat and civilians taking no active participation in hostilities at close range with gun fire and knives. 32. The burning of bodies, among them women and children, is particularly condemnable. It is not clear whether the persons whose bodies were burnt were killed by burning or the bodies were burned later. Combined with credible allegations that bodies of those killed in Harak were buried in a mass grave in the 52 Brigade Headquarters, indicates that Government forces and affiliated militias are disregarding their obligation under international humanitarian law to dispose of the dead in a respectful manner. The concealment or disfiguration of bodies hinders the rehabilitation of victim communities and prevents identification of the dead. GE.13-10627 49

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