A/HRC/22/59 reportedly fled to an area referred to as “the gardens” (Mazare), where Government forces killed more than 100 people. Further accounts describe Shabbiha conducting house searches, looking for fighting-aged men. Bodies bearing clear signs of summary execution were later found in various shelters around Daraya. 47. Video footage and photographs of the aftermath of the events in Daraya show scores of bodies, including those of women and children. Syrian State media reported that Daraya had been “cleansed” of armed “terrorist” groups. There are reasonable grounds to believe that Government forces perpetrated the war crime of murder against hors de combat fighters and civilians taking no active part in hostilities, including women and children. 48. Multiple sources provided accounts of events that took place in Harak, Dara’a governorate between 18 and 26 August. After eight days of hostilities with the FSA, Government forces re-established control in the town. Local residents returned to Harak to find houses burned and bodies with injuries caused by shrapnel, close-range gunfire and severe knife wounds. Some bodies had been burned. Among the dead bodies were women and children. It is alleged that bodies were removed from Harak and buried in 52nd Brigade Headquarters of the Syrian army nearby. There are reasonable grounds to believe that Government forces and Government-affiliated militia committed the war crime of murder. 49. Based on first-hand accounts, Deir Baalbeh, Homs, was indiscriminately shelled between 22 and 24 December. In the course of confrontations between the FSA and Government forces, the latter trapped civilians in Deir Baalbeh, preventing their exit from the town and, in one instance, killing a family that attempted to flee. The sequence of events suggests that, in Deir Baalbeh, on 29 December, the civilian population was the object of an attack by Government forces, which amounted to a war crime. The commission notes that this is a violation concerning the conduct of hostilities. 50. On 7 January 2013, Government forces regained control of Al-Mastomah after indiscriminately shelling the town and after three days of clashes with the FSA. They entered the village and conducted house-to-house searches, executing civilians or persons hors de combat at close quarters. The video footage of those killed indicated that Government forces executed women, children and the elderly, thus committing the war crime of murder. 51. The investigations into massacres that are alleged to have taken place in Al Muhassan, Dayr az-Zawr in July, Sad Street in Dara’a city in August, and in Duma outside Damascus in October, are ongoing. 52. From the range of incidents identified, Government forces are responsible for war crimes and may be responsible for crimes against humanity. 2. Anti-Government armed groups 53. Eyewitnesses making credible admissions against their own interest provided an account of a mass killing of the Al-Barri clan in Aleppo on 28 or 29 July 2012. In the context of hostilities, the FSA captured five members of the Al-Barri family, interrogated them and found them guilty of a range of crimes. The witness stated that a sharia court in Aleppo, a quasi-judicial body established by the FSA-affiliated Liwa al-Tawhid, had sentenced all five people to death. Their execution was filmed and the footage released on the Internet. An anti-Government armed group, probably Liwa al-Tawhid, perpetrated the war crime of sentencing and execution without due process. 54. An FSA fighter confirmed that he had been part of a brigade that had captured “five Alawites” on a road into al-Haffa in Latakia in late July, then had interrogated and executed them shortly afterwards. He stated that “Sunni captives were kept. Alawites were GE.13-10627 11

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