A/HRC/24/46
50.
Military councils in Dara’a set up sharia courts to investigate allegations, operate
detention facilities and conduct trials. In practice, court judges operate under the authority
and instruction of the councils. Captured government soldiers or those that defected in
Dara’a are reportedly not executed, but may be imprisoned for such crimes as spying.
Those accused are not permitted defence counsel.
51.
In Dayr az Zawr, armed groups accepted the jurisdiction of a local court. Judicial
authority was exercised by legal scholars, religious scholars and legal professionals that had
defected from the Government and applied a hybrid of Islamic and Syrian civil law.
52.
The war crime of murder and the crime of executing without due process were
perpetrated by anti-government armed groups.
3.
Kurdish armed groups
53.
In June, in the town of Amudah (Al Hasakah), several protestors were shot and
killed by YPG forces. A 12-year-old girl and a 15-year-old boy were among the deceased.
Rocks and bottles had been thrown at YPG fighters, and they claimed that one of their
ranks had been shot. The YPG committed an abuse of human rights associated with the
disproportionate use of force.
B.
Arbitrary arrest and unlawful detention
54.
Thousands of people have been apprehended since the conflict began. Most face a
string of interwoven human rights violations, often culminating in their torture or death.
Some bribe their way out; a relatively small number were “amnestied”. Others eventually
appeared before a judge and were sentenced. Most languished in overcrowded cells with no
access to judicial oversight, legal counsel or their families.
1.
Government and pro-government forces
55.
Since 2011, government forces have conducted arbitrary arrests on an enormous
scale. Males over the age of 15 years were routinely arrested during raids. Arrests are
increasingly made by entities with no or dubious arresting authority, such as the National
Defence Forces. In June, Hizbullah arrested Syrians in Dayr Atiyah. Detainees were
typically held for days outside the law and subjected to severe maltreatment before being
transferred to security services.
56.
A presidential decree promulgated in March required all 18-year-olds to report for
military duty, or face arrest. Boys appearing to be 18 were detained at checkpoints. At AlMadakah checkpoint (Dara’a), soldiers routinely arrested and ill-treated young men on the
pretext that they had not enlisted.
57.
Internally displaced persons are especially vulnerable to arbitrary arrest as they fled
conflict-affected areas, often without documents. Arrests appeared to be predicated on the
person’s originating from a restive area or being a family member of wanted persons, such
as defectors. Cases of internally displaced persons arrested at checkpoints were recorded in
Al-Nabak (Damascus countryside), Al-Madakah (Dara’a), Qusayr, Al-Houlah (Homs), AlBayda (Tartus) and Masharah (Al-Qunaytirah). In May and June, in Job Al-Jarrah (Homs),
National Defence Forces raided the area, arresting displaced Sunnis in what was viewed as
an attempt to evict them.
58.
In some cases, family members were arrested if the person wanted could not be
found. In one case, a girl, released from detention in April in Damascus, was arrested to
gain information on her brother’s activities. In Karnaz (Hamah) in March, soldiers detained
the wife and children of a wanted man.
9
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