A/HRC/34/64
investigations of persons and places at any time, and to allow any person to perform any
task.”33
26.
The State of Emergency Act also provides for the detention of suspects for “crimes
committed against State security and public order” and “crimes committed against public
authorities”.34 The Commission observes that these crimes do not appear to be further
defined in the Syrian Arab Republic’s domestic laws. The State of Emergency Act also
permits the security forces to hold suspects in preventive detention without judicial
oversight for indefinite periods.
27.
The Commission observes that in April 2011, the Syrian Arab Republic’s Code of
Criminal Procedure – which previously required suspects to be brought before a judicial
authority within 24 hours of arrest or else be released 35 – was amended to allow suspects to
be held for up to seven days, pending investigation and the interrogation of suspects for
certain crimes. This period is renewable up to a maximum of 60 days. 36
Enforced disappearance
28.
While the Syrian Arab Republic is not party to the specialised convention
concerning enforced disappearances, 37 it is a party to the ICCPR which also prohibits the
practice of enforced disappearance.38 Such action violates a person’s right to recognition as
a person before the law, 39 to liberty and security and freedom from arbitrary detention,
including the right to be brought promptly before a judge or other official for review of the
lawfulness of detention. Disappearance may also be associated with torture and other forms
of cruel, inhuman or degrading treatment and extrajudicial execution, in violation of the
right to life, prohibition on torture and other forms of cruel, inhuman or degrading
treatment.40 enforced disappearances may also lead to violations of the right to life. 41
29.
Customary IHL also prohibits arbitrary deprivation of liberty 42 and require parties to
the conflict to keep a register of persons deprived of their liberty,43 respect detainees’
family life, to permit detainees to receive visitors, especially near relatives to the degree
practicable and allow correspondence between detainees and their families.
30.
Parties to a conflict must take all feasible measure to account for persons reported
missing as a result of the conflict and efforts must be made to provide family members with
any information the Party has on their fate. The practice of enforced disappearance also
may be a gateway to other violations such as torture, murder or extra judicial executions.
33
34
35
36
37
38
39
40
41
42
43
While the state of emergency was lifted on 21 April 2011, the Government did not abolish it, and it
remains in force under Syrian domestic law.
State of Emergency Act, art. 6
Code of Criminal Procedure, Law No. 112 of 1950 as amended, arts. 104 (1) and (2).
Legislative Decree No. 55/2011, amending article 17 of the Code of Criminal Procedure.
International Convention on the Protection of all Persons from Enforced Disappearance, 2006.
See General Comment No. 31, supra note 5, at para. 18.
ICCPR, at art. 16.
The Human Rights Committee has recognised that safeguards against torture include having
provisions against incommunicado detention, granting detainees suitable access to persons such as
doctors, lawyers and family members, ensuring detainees are held in places that are officially
recognized as places of detention and for their names and places of detention, as well as for the names
of persons responsible for their detention, to be kept in registers readily available and accessible to
those concerned, including relatives and friends. See Human Rights Committee, General Comment
No. 20 (1992) on art. 7 of the ICCPR, at para. 11.
ICCPR, at art. 6.
ICRC Rule 99.
ICRC Rule 123.
29
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents