A/HRC/24/46
1.
Government and pro-government forces
41.
Deaths in custody rose markedly. Deaths from torture were recorded in centres
controlled by the Air Force, Political and General Intelligence and Military Security. Many
cases were recorded in General Intelligence Branch 295, 20 km east of Damascus, and
Branch 251, in Damascus. One former detainee held in the Al-Fehar Branch of Political
Security in Al-Mezzeh (Damascus) barely survived. He detailed the deaths of others.
Detainees were tortured to death in Military Security Branch 215 (Damascus).
42.
Other unlawful killings included checkpoint shootings (Damascus, June), snipers
killing civilians (Damascus countryside, June) and unlawful killing of civilians during
ground operations (Homs, February, March, April and June; Hamah, February; Damascus
countryside, June).
43.
A “terrorism court” was established in Al-Mezzeh to hear cases that violate the 2012
Anti-Terrorism Law. Accused were not informed of the allegation, nor were they afforded
timely access to counsel. The Government also established military field courts. No legal
representation, family visits or appeals were allowed, yet judges may confer capital
sentences.
44.
Unlawful killing was perpetrated by government forces as part of widespread attacks
directed against the civilian population. The attacks included widespread shelling of
villages, the burning of civilian objects, sniper attacks and systematic executions (see annex
II). The coordination and active participation of Government institutions indicated the
attacks were institutionalized and conducted as a matter of policy. Unlawful killing
occurring during such attacks were crimes against humanity. Government forces also
committed the war crime of murder, carried out executions without affording due process
and arbitrarily deprived the right to life.
2.
Anti-government armed groups
45.
On 8 June, ISIS fighters executed a 15-year-old boy, Mohamed Qatta, accused of
blasphemy.
46.
In June, an anti-government armed group killed a Catholic priest, Father François
Murad, in Idlib. The priest was one of the only remaining Christians in the town of
Ghassaniya. Jabhat Al-Nusra was active in Ghassaniya at the time.
47.
Quasi-judicial mechanisms established by anti-government armed groups varied
considerably across areas under their control. The lack of codified law led to an inconsistent
administration of justice. Essential judicial and procedural guarantees were rarely accorded,
and most judicial mechanisms did not reach the necessary level of independence and
impartiality.
48.
The punitive mechanisms established by some armed groups deny the right to
counsel and the opportunity for appeal, given that executions were carried out immediately
after sentencing. The close functional relationship between armed groups and courts
compromised the independence and impartiality of the latter.
49.
In Hamah, persons arrested or captured by armed brigades are transferred to one of
two parallel quasi-judicial mechanisms, following military interrogation. The local security
committee has jurisdiction over disputes between armed groups and minor criminal and
civil offences. Serious cases, such as murder, are referred to the sharia committee in Bab
Al-Hawa, Idlib. Those found guilty can be executed. A captured soldier or pro-government
fighter who “confesses” faces immediate execution, without referral to the sharia
committee. On 20 May, a captured soldier was executed in Qalat Al-Madiq after confessing
to killing a fighter for the Free Syrian Army (FSA).
8
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