A/HRC/RES/40/17 20. Recognizes the permanent damage that torture and ill-treatment, including sexual abuse and violence, causes to its victims and their families, and condemns the denial of medical services in all prisons and detention facilities; 21. Calls upon the Syrian authorities and all other parties to the conflict to ensure the effective implementation of Security Council resolutions 2139 (2014) of 22 February 2014 and 2254 (2015) and to adhere to their obligations under international law, in particular to end arbitrary detention, torture and sexual and gender-based violence in the Syrian Arab Republic, notably in prisons and detention facilities, and kidnappings, abductions and forced disappearances, as demanded by the Council in its resolution 2139 (2014) and by the Commission of Inquiry in its recommendations; 22. Urges all parties to take heed of the recommendations on the issue of detainees by the Commission of Inquiry, in particular the calls for the appropriate international monitoring bodies to be granted immediate access without undue restriction to all detainees and detention facilities, and for all parties, in particular the Syrian authorities, to publish a list of all detention facilities, to allow access to medical services for all detainees and to provide information on those whom they have detained to their families; 23. Demands the immediate release of all persons arbitrarily detained, including women, children, older persons, persons with disabilities, human rights defenders, humanitarian aid providers, medical personnel, the wounded and sick, and journalists, and notes the importance of ensuring justice for those arbitrarily detained; 24. Condemns the reported forced displacement of populations in the Syrian Arab Republic, expresses deep concern at reports of social and demographic engineering in areas throughout the Syrian Arab Republic, and calls upon all parties concerned to cease immediately all activities that cause these actions, including any activities that may amount to war crimes or crimes against humanity; 25. Gravely concerned that, according to the Commission of Inquiry in its latest report,1 more than 1.5 million civilians were forced to flee their homes during 2018, and that thousands more were forcibly displaced pursuant to “evacuation agreements” negotiated among warring parties; 26. Expresses deep concern at the situation of the 6.2 million internally displaced persons across the Syrian Arab Republic, and urges all parties to take note of the recommendations on this matter in the latest report of the Commission of Inquiry and to ensure that any evacuation and movement of civilians is consistent with international humanitarian law and international human rights law, as applicable; 27. Deplores the existence and application of national legislation, in particular Law No. 42/2018, which has a significant detrimental impact on the rights of Syrians displaced by the conflict to claim their property and to return to their homes in a safe, voluntary and dignified manner when the situation on the ground allows it, and calls for its immediate repeal; 28. Expresses concern that the hostilities have restricted access to or resulted in the loss of civil documentation, thereby limiting freedom of movement and access to essential services, particularly for women, children and persons with disabilities; 29. Also expresses concern at reports that the Syrian authorities are arbitrarily preventing internally displaced persons from accessing and returning to their homes, with no apparently valid security reason and without providing alternatives to the displaced communities, which may amount to forced displacement; 30. Urges all parties to take note of the recent recommendation of the Commission of Inquiry on ensuring that the right of return is fully respected and facilitated by guaranteeing that all return movements are voluntary, safe and dignified and subject to informed consent to the places of origin, and protect all property and tenancy rights; 31. Strongly condemns violence against persons based on their religious or ethnic affiliation, demands that all parties take all appropriate steps to protect civilians, including members of ethnic, religious and confessional communities, and stresses that, in this regard, the primary responsibility to protect the Syrian population lies with the Syrian authorities; 5

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