A/HRC/45/31 Findings 86. Based on the above, the Commission has reasonable grounds to believe that, on 9 June in Balyun village, pro-government forces may have committed the war crime of launching an indiscriminate attack resulting in death or injury to civilians.98 Hay’at Tahrir al-Sham B. 87. Between November 2019 and June 2020, and in a pattern previously documented by the Commission,99 members of Hay’at Tahrir al-Sham in Aleppo and Idlib Governorates continued to brutally impose their stringent ideologies on local populations, including through acts of arbitrary detention of individuals expressing dissent. Moreover, they detained, tortured and executed civilians who opposed their oppressive rule. 100 88. During demonstrations between 29 April and 1 May, Hay’at Tahrir al-Sham beat and detained participants.101 On 1 May, a van drove into a group of protestors, injuring at least one, whereupon members of Hay’at Tahrir al-Sham opened fire, killing one protestor and injuring two others. On 10 June, 13 journalists who filmed the passage of a RussianTurkish joint patrol along the M4 highway were beaten by members of Hay’at Tahrir alSham, who forced them to stop filming. 89. Members of Hay’at Tahrir al-Sham also detained individuals over land disputes and for refusing to pay “taxes” for services provided by their “salvation government”. 102 One man recalled how he had been initially summoned by Hay’at Tahrir al-Sham “police” and had subsequently been held for five months in various detention facilities. In detention, he was beaten with a cable, handcuffed and hung from the ceiling in his cell, and thereafter forced to thumbprint a statement acknowledging that he had incited others against the terrorist group. He was then transferred to the Hay’at Tahrir al-Sham “criminal security branch” and brought before a “criminal court”, was never informed of the charges against him and was sentenced to prison for unknown reasons. Findings 90. Based on the above, the Commission finds that there are reasonable grounds to believe that members of Hay’at Tahrir al-Sham committed the war crimes of murder (see para. 88 above), cruel treatment and torture (see para. 89 above).103 Moreover, in instituting makeshift courts whose procedures fall far short of fair trial standards, members of Hay’at Tahrir al-Sham denied essential judicial guarantees to persons convicted through such quasi-legal processes, and consequently, imposing continued detention following such procedures amounts to an unlawful deprivation of liberty.104 VII. Recommendations 91. The Commission reiterates its previous recommendations and again calls upon all parties to: (a) Pursue a long-lasting, nationwide ceasefire, in line with Security Council resolution 2254 (2015), that allows Syrians to focus on tackling the COVID-19 pandemic, and creates the conditions for meaningful peace talks – building on the 98 99 100 101 102 103 104 ICRC rule 156. See A/HRC/44/61. Ibid. Ibid. The Commission documented additional cases of detention involving journalists, media activists, aid workers and individuals expressing dissent, which occurred in prior reporting periods. See also A/HRC/43/57, paras. 37–38; and A/HRC/44/61. Art. 3 common to the 1949 Geneva Conventions; and ICRC rule 156. ICRC rule 100. 19