A/HRC/22/59
interrogations and beatings. He stated that he witnessed eight detainees die from their
injuries and numerous others return to the cells with severe injuries including broken bones.
Injuries to his legs and hands were visible at the time of interview.
49.
The same interviewee was released after having been brought before “an FSA
court”, where three men heard his case and levied a fine. He stated that an FSA member
who knew him before the conflict had also been allowed to speak.
50.
One interviewee provided an account of his role as a commander of an FSA military
unit in Damascus, where he was charged with interrogating captives. He indicated he had
extracted information from one particular detainee by beating him, adding that the detainee
was then executed after appearing before a tribunal.
51.
Another interviewee, speaking about a detention centre in Dayr az Zawr, described
confessions beaten out of detainees before they appeared before a tribunal for sentence. The
interviewee who had been held at an FSA prison in Hritan described being held in
overcrowded rooms where detainees were given little food or water. He stated that he and
other detainees had to drink from the toilet located in the room.
52.
A guard at an FSA prison in Duma in Damascus governorate described captives
being given the same food as was provided to the guards. He stated that the young person
held at the centre was a 16 year old boy who had been arrested after being seen
photographing demonstrations.
53.
The commission has received 18 interviews which speak, in varying levels of detail,
about the quasi-judicial mechanisms being run by some anti-Government armed groups
(see A/HRC/22/59, annex V). While investigations are continuing, the substantive or
procedural frameworks currently employed do not appear to comply with international
human rights law.
Findings
54.
Torture and other forms of cruel, inhuman or degrading treatment or punishment
have been committed by anti-Government armed groups during interrogations of captured
members of Government forces and those they believe to be members of the Shabbiha.
Severe pain was inflicted to punish, humiliate or to extract information from detainees.
55.
Torture and other inhumane acts were not committed as part of either a widespread
or systematic attack on a civilian population. Therefore, they do not constitute crimes
against humanity but may be prosecutable as war crimes.
56.
There is currently insufficient information to determine whether the conditions of
detention constitute cruel, inhuman or degrading treatment or punishment of those detained.
74
GE.13-10627
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