A/HRC/22/59
21.
The information collected and corroborated indicates that the conduct of
Government forces in Jedaydet Artouz on 1 August had a strong punitive element. The
military operation, apparently in retaliation for an assassination, was focused on a majoritySunni neighbourhood, raising concerns that there was a sectarian vein to the conduct of
Government forces.
22.
There are reasonable grounds to believe that Syrian soldiers perpetrated the war
crime of murder, as they conducted house-to-house searches, arrested male residents, and
summarily executed them. The death of 60 residents, all of them male bar one, amounts to a
mass perpetration of a war crime, in violation of the Common Article 3 prohibition on
killing persons hors de combat or civilians not taking active part in hostilities. It is clear that
the 17 adult males killed in close quarters with their hands tied behind their back were
either civilians or hors de combat fighters.
C.
Daraya, 25 August
23.
In Damascus governorate, investigations focused on the widely reported killings in
Daraya. Allegations were made against anti-Government armed groups, though most
accounts attributed responsibility to Government forces. Credible and corroborated
accounts indicate that anti-Government fighters sought refuge in Daraya, fleeing from
fighting in other areas. Government forces shelled Daraya from 20 to 24 August, after
which they moved into the town together with Shabbiha. Interviewees described how antiGovernment armed group fighters fled Daraya, Government forces executed civilians who
had decided to stay in their homes.
24.
Many young men, some of whom may have been defectors or anti-Government
armed group members who had put down their arms, reportedly fled to an area referred to
as “the gardens” (Mazare). Government forces attacked “the gardens” on 25 August killing
over one hundred people, reportedly through extensive gunfire and shooting at close range
at those hiding in the area. 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. 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. This
incident requires further investigation.
25.
While the massacre in Daraya requires further investigation, there are reasonable
grounds to believe that Government forces perpetrated the war crime of murder against hors
de combat fighters, or civilians taking no active part in hostilities, including women and
children. The credible and corroborated evidence collected indicates that fighting aged
males were sought out for execution, in violation of Common Article 3 to the Geneva
Conventions, which prohibits violence to life and person, in particular murder of all kinds,
of persons taking no active part in hostilities.
D.
Harak, 18–26 August
26.
Multiple sources from Harak in Dara’a Governorate provided accounts of events that
took place between 18 and 26 August 2012. Harak was once home to 40,000 Sunnis. The
population of Harak has reduced to around 5,000 by the end of 2012. Most sources
interviewed were civilians who fled Harak when Government forces approached the town
on 18 August and returned when Government forces withdrew on 26 August. One source
interviewed was an FSA fighter present in Harak from 18 to 25 August. All interlocutors
accused Government forces of mass killing in Harak at this time. All interviewees placed
48
GE.13-10627
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