A/HRC/25/65
bearing the Red Crescent emblem, were arrested and detained by security services for 10
days.
28.
Recently, a Syrian surgeon working in an Aleppo hospital operated by Médecins
Sans Frontières, was killed. His body was found on 3 September 2013. He had been
treating victims of the conflict.
29.
The clearly established pattern indicates that Government forces deliberately target
medical personnel to gain military advantage by depriving the opposition and those
perceived to support them of medical assistance for injuries sustained. While Government
harassment and targeting of medical personnel continues, it appears to have diminished in
2013 because a considerable number of doctors have left the country or accepted the
restrictions that security forces imposed on hospitals.
30.
Other doctors have left Government-controlled areas and attempted to ensure
continuity of medical care in opposition-controlled areas. However, there are increasing
indications that certain anti-Government armed groups also fail to respect medical
personnel. In late April 2013, the head doctor of a field hospital in northern Aleppo city
was detained by members of Jabhat Al Nusra after he refused to display their banner in the
hospital, insisting that the hospital was a neutral space. The doctor was held by the Sharia
Committee for several days.
31.
The Commission documented one case in which an armed opposition group targeted
an ambulance. This occurred on 16 August 2013, when Hamad Abd al Jalil Battalion
fighters attacked a Kurdish Red Crescent ambulance in Al Hasakah, killing the patient, the
ambulance driver and paramedic. Before firing upon the clearly marked ambulance, the
fighters had targeted it with an IED on the Ras Al Ain - Desbasiyeh road.
V.
Interference with care and ill-treatment
32.
Security forces have arrested and detained wounded persons in medical facilities,
claiming bullet or shrapnel wounds as evidence of participation in opposition activities. The
overbroad formulation of Law 19, article 10 allows its application in a manner that requires
doctors to inform on patients in all cases, which is inconsistent with international
humanitarian law’s insistence that “persons engaged in medical activities shall not be
compelled to perform acts or to carry out work contrary to medical ethics or to other
medical rules designed for the benefit of the wounded and sick”. In several instances,
medical personnel refused to treat persons for fear of arrest. In Aleppo, Damascus, Dara’a,
Dayr az Zawr, Hama, Homs, Idlib and Latakia governorates, wounded and sick persons
were denied treatment on sectarian or political grounds by Government forces. Healthcare
has become militarized to the extent that many in need elect not to seek medical assistance
in hospitals for fear of arrest, detention, torture or death. Through such measures, the
Government has deliberately obstructed the efforts of the sick and wounded to receive help.
33.
In exploiting medical care to further strategic and military aims, Government forces
have engaged in agonizing cruelty against the sick and wounded. The Commission has
recorded consistent accounts spanning the conflict of the ill-treatment and torture of
persons in military hospitals. There are strong indications of collusion between military
hospitals and various security agencies in the use of torture.
34.
Between April and August 2011, security officers, at times with the involvement of
medical personnel, beat persons in the emergency trauma ward of the Military Hospital of
Tishrin, Damascus. Most victims of this ill-treatment were protesters that had been injured
by Government forces.
60
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