A/HRC/22/59
made written commitments that they will not carry weapons or do anything that could
prejudice the security and stability of Syria.”
II. Anti-Government armed groups
15.
Anti-Government armed groups have increasingly apprehended members of the
Government forces, perceived collaborators (“informants”), their family members and
foreigners aligned with the Government. While detention is clearly preferable to execution
— a phenomenon prevalent in the commission’s previous reports — still the fundamental
principles set out in Common Article 3 of the Geneva Conventions are not being met.
16.
The commission received multiple accounts of armed groups taking hostages for the
sole purpose of ransom or exchange. On 4 August, 48 Iranian citizens were apprehended by
the Al-Bara Brigade in Damascus. The Islamic Republic of Iran asserted that the men were
civilian pilgrims en route to the Sayyidah Zaynab shrine, while the armed group claimed
they were members of the Revolutionary Guard sent to assist the Government. Media
reported in October that the men had been threatened with execution unless the
Government released detainees. If true, such threat would constitute ‘hostage taking’, a war
crime. The men were reported to have been exchanged for some 2,000 detained civilians in
January 2013.f
17.
A former resident of Damascus living near Sayyidah Zaynab, stated, “After the army
has come and gone, the FSA come back and do the same. 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.”
18.
Another interviewee in his early twenties who had fought with anti-Government
armed groups explained what happened to detainees taken during operations, “some got
killed, others were injured and the rest were abducted.” When asked what happened to the
injured ones he said “I don’t care, they were only two and we left them to die we had no
possibility to take them, and they killed others so they deserved to die”. He then clarified
that the abducted soldiers were taking to a ‘Shari’a council’.
19.
Two former detainees held by anti-Government groups in Aleppo, one in October
and the other in November, told the Commission that they were invited to join the group
upon their release. Also in Aleppo anti-Government armed groups seized a man for ransom
and while holding him tried to exploit his technical skills for use in their operations.
III. Findings
20.
Government forces arbitrarily arrested and detained individuals in violation on
international human rights law. Of particular concern are holding individuals without
charge, the failure to provide detainees with legal counsel, the ability of detainees to
challenge the lawfulness of their detention, or family visits. Arresting people on the basis of
information received under circumstances amounting to torture seriously undermined the
legality of such arrest. To the extent these violations amount to inhumane treatment they
violate international humanitarian law.
f
62
The commission addressed the Islamic Republic of Iran via Note Verbale on 10 January, 2013
requesting to interview those released. By 21 January, no reply had been received.
GE.13-10627
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