A/HRC/19/69
managed detention centres throughout the country where prisoners were subjected to
torture, sexual assaults and other inhumane acts.
3.
Command and superior responsibility
100. A number of military commanders and civilian superiors may reasonably be
suspected of responsibility for crimes against humanity because of their knowing failure to
take all necessary and reasonable measures within their power to prevent or repress the
commission of relevant crimes by their subordinates or to submit the matter to the
competent authorities.
101. During the past year, soldiers and members of security forces who refused to obey
manifestly unlawful orders to commit crimes against humanity frequently were subjected to
severe punishment, including execution, a vivid illustration of the level of control that
commanders hold over their subordinates. The broad and repetitive nature of these crimes
and the availability of public reports on such crimes by international media broadcasting in
Arabic, United Nations human rights mechanisms and the observer mission of the League
of Arab States all indicate that military commanders and civilian superiors at the highest
levels must have had knowledge of such events. On 7 December 2011, in a televised
interview, the President himself referred to the findings made by the present commission in
its first report.
102. Notwithstanding this knowledge about crimes, no serious effort was made to prevent
and repress them. As discussed above, the commission is not aware of any successful
prosecutions; indeed, the commission documented how some officers who directly
participated in crimes against humanity were promoted or commended. The commission‟s
evidence also demonstrates a consistent and continuing effort by the Government, the
military and the security forces to conceal the facts about crimes. State officials often
forced families of those killed by State forces to sign declarations attributing responsibility
to armed groups before they would allow the body of the person killed to be released.
Where such false declarations were signed, branch offices of the National Independent
Legal Commission refused to carry out investigations. The commission of inquiry also
found that pro-Government media were used to cover up violations or falsely attribute them
to anti-Government armed groups.
103. Structural obstacles, including the immunity from prosecution enjoyed by members
of the State forces, and the dependence of the judiciary on the presidency and the Baath
Party have fostered impunity. 21
104. Under the present legal framework and circumstances, it appears that the judiciary
lacks the capacity to effectively address crimes against humanity committed on the basis of
State policy.
B.
Anti-Government armed groups, including Free Syrian Army groups
105. By all accounts, anti-Government armed groups, especially FSA groups, have
become much more active since November 2011. The commission assumes to have
described only part of the spectrum of anti-Government armed groups that have emerged
and their activities.
21
A/HRC/S.17/2/Add.1, paras. 21 and 22.
19
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