A/HRC/19/69
(131), Homs (127), Rif Dimashq (63), Alhasak (47), Deir el-Zour (45), Tartus (19), Halab
(18), Al Ladhiqiyah (12), Hama (10 and Ar Raqqah (30). The Government also highlighted
that nine school directors had stones thrown at them and two had been shot and injured.
IV. Responsibility for crimes against humanity, gross violations
and abuses
83.
The commission documented a widespread and systematic pattern of gross
violations committed by State forces – in conditions of impunity – since March 2011. It
also found instances of gross abuses committed by anti-Government armed groups.
Consistent with its mandate, the commission endeavoured, where possible, to identify those
responsible with a view to ensuring that perpetrators of violations, including those that may
constitute crimes against humanity, are held accountable.
84.
On 31 March 2011, the Government established the National Independent Legal
Commission, composed of four judges, to carry out comprehensive investigations into
crimes committed in the context of the crisis. The commission enquired the Government
and the Commission itself about its powers, functions and preliminary results. On 23
January 2012, the Government informed the commission that the National Independent
Legal Commission and its branches in the different governorates were investigating more
than 4,070 cases and that it would inform the commission about the outcome of these
investigations upon their conclusion.
85.
In a speech on10 January 2012, President Assad claimed that a limited number of
people working for the State had been arrested for murder and other crimes. The
Government did not respond to the commission‟s request to provide more details on the
number of arrests or the outcome of the criminal investigations pertaining to them. The
Government also provided none of the requested information on any cases in which
immunity from prosecution that members of the military and security forces enjoy under
Decrees Nos. 14/1969 and 69/2008 had been lifted.
86.
The commission was unable to identify any case of a successful prosecution of any
military or security force commanders or civilian superiors bearing responsibility for any of
the crimes against humanity or other gross human rights violations in the Syrian Arab
Republic since March 2011.
87.
Following a further review of its evidence, including information collected since
November 2011, the commission is satisfied that a reliable body of evidence exists that,
consistent with other verified circumstances, provides reasonable grounds to believe that
particular individuals, including commanding officers and officials at the highest levels of
Government, bear responsibility for crimes against humanity and other gross human rights
violations. The commission has deposited with the United Nations High Commissioner for
Human Rights a sealed envelope containing the names of these people, which might assist
future credible investigations by competent authorities. The commission also identified
particular army units, security agencies and their branch offices for which there are
reasonable grounds to believe that they carried out gross human rights violations. FSA
groups, for which the commission documented human rights abuses, are also listed.
88.
Furthermore, the commission has deposited with the High Commissioner a
comprehensive database containing all evidence collected, which may be disclosed to
competent authorities carrying out credible investigations, subject to witness protection and
confidentiality concerns.
16
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