A/HRC/RES/40/17
well as on medical units, personnel, patients and transport and personnel involved in
humanitarian assistance;
12.
Expresses deep concern about the human rights situation and humanitarian
access throughout the Syrian Arab Republic, particularly in areas that have come under the
control of the Syrian authorities, and urges them and their allies to ensure unimpeded and
sustained humanitarian access and respect for international human rights law and
international humanitarian law;
13.
Expresses its profound concern at the findings of the Commission of Inquiry
that sexual and gender-based violence against women, girls, men and boys has been a
persistent issue in the Syrian Arab Republic since the uprising in 2011, and that women and
girls have been disproportionately affected and victimized on multiple grounds;
14.
Notes the findings of the Commission of Inquiry that such acts of sexual and
gender-based violence were committed most commonly by Syrian authorities and associated
militia, as well as by the so-called Islamic State in Iraq and the Levant (Daesh), that they
represent a widespread and systematic attack directed against the civilian population,
amounting to crimes against humanity, and that such acts constitute the war crimes of rape
and other forms of sexual violence, including torture and outrages upon personal dignity;
15.
Strongly condemns all acts of sexual and gender-based violence and abuse,
calls for immediate medical and psychosocial support to be provided to all survivors of such
crimes and for every effort to be made to ensure justice for those who have suffered as a
result of such crimes, and urges all parties to the conflict to respect and protect women’s and
girls’ full enjoyment of human rights and to heed the recommendations made by the
Commission of Inquiry;
16.
Also strongly condemns the continued widespread practices of enforced
disappearance and arbitrary detention, notably widespread in areas where the Syrian
authorities retook control in 2018, and notes that the Commission of Inquiry has highlighted
that the arbitrary detention of tens of thousands of individuals represents an urgent and largescale crisis of human rights protection, and also strongly condemns the use of sexual violence,
torture and ill-treatment, particularly in detention facilities run by the Syrian authorities,
including those acts referenced by the Commission of Inquiry in its reports and those depicted
in the evidence presented by “Caesar” in January 2014, and recalls that such acts may
constitute violations and abuses of international human rights law or violations of
international humanitarian law;
17.
Further strongly condemns the reported killing of detainees in Syrian Military
Intelligence facilities, in particular in the Mezzeh airport detention facility, and Military
Security Branches 215, 227, 235, 248 and 291, and the reported killing of detainees in
military hospitals, including Tishreen and Harasta, and expresses deep concern at reports of
mass executions of prisoners at the Saydnaya penitentiary complex as well as reports that the
Syrian authorities used a crematorium to conceal the mass killings;
18.
Expresses deep concern about the number of deaths among individuals
detained by the Syrian authorities, as evidenced by their issuing of thousands of death
notifications, which provides further indication of systematic violations of international
human rights law and international humanitarian law, and urges them to provide families
with death certificates and the remains of their relatives whose fate has been disclosed,
including those who have been summarily executed, to take all appropriate measures
immediately to protect the lives and rights of all persons currently detained or unaccounted
for, and to clarify the fate of those who remain missing or are still in custody;
19.
Notes the continued functioning of the Working Group on the release of
detainees/abductees, the handover of bodies and the identification of missing persons,
composed of Turkey, the Russian Federation and the Islamic Republic of Iran, as well as the
United Nations, positively notes reports of the simultaneous release, facilitated by the
Working Group, of detainees by the conflicting parties on 24 November 2018 and 12
February 2019, underlines the need for further concrete steps forward on this issue, and
reiterates that all parties to the conflict must abide by their obligations under international
humanitarian law and international human rights law, as applicable;
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