A/HRC/45/13
24 of the International Convention for the Protection of All Persons from Enforced
Disappearance).
Syrian Arab Republic
83.
The Working Group continues to observe that enforced disappearances are
perpetrated unabatedly with impunity throughout the Syrian Arab Republic in clear
violation of international humanitarian law and international human rights law. In this
regard, the Working Group has assessed that the sheer scale and pattern of these violations
may amount to crimes against humanity (A/HRC/WGEID/120/1, paras. 140–141). It is
particularly alarmed by multiple reports of several members of the same family being
subjected to enforced disappearance, including minors as young as 7 years old. Concerning
disappearances of women and girls, the Working Group recalls its general comment on
women affected by enforced disappearances (A/HRC/WGEID/98/2), in which it stresses,
inter alia, the differentiated effects of enforced disappearances in women and girls. In
particular, the Government of the Syrian Arab Republic must acknowledge disappeared
women and girls, and recognize the particular types of harm that they suffer based on their
gender, including instances of sexual violence and forced impregnation, and the resulting
psychological damage and social stigma as well as the disruption of family structures.
84.
The Working Group reiterates its call to the Security Council to consider referring
the situation in the Syrian Arab Republic to the International Criminal Court. 40 The
Government of the Syrian Arab Republic must ensure full transparency and accountability
in relation to persons in its custody, account for their fate and whereabouts to relatives, and
ensure that due process and fair trial rights are respected and protected. All persons in
detention should be promptly informed of any charges against them and they should be
brought promptly before a judge. In regard to persons who have died while in custody, the
Government of the Syrian Arab Republic should facilitate prompt, effective, thorough and
transparent investigations to establish the cause and circumstances of such deaths, and if it
is found that such deaths resulted from criminal acts, the perpetrators must be brought to
justice. Victims, including families, have the right to redress, including the right to truth,
reparations and justice.
85.
Similarly, the Working Group strongly urges the Government to grant the OHCHR
office for the Syrian Arab Republic full, safe and unimpeded access to the country.
86.
During the reporting period, the Working Group received reports of disappearances
of persons including women and children perpetrated by various armed groups, including
those affiliated with the Turkish armed forces. Alarmed by these patterns, the Working
Group calls on all non-State actors exercising effective control over parts of the Syrian
territory and States backing them to stop and prevent disappearances, in full compliance
with international humanitarian law and international human rights law.
87.
On 19 September 2011, the Working Group requested an invitation to visit the
country. No response yet has been received from the Government, in spite of several
reminders. The Working Group hopes to receive a positive reply soon.
Turkey
88.
Detailed observations are outlined in the follow-up report on Turkey, which is
contained in an addendum to the present report (A/HRC/45/13/Add.4).
Turkmenistan
89.
The reporting period witnessed increased engagement between the Government of
Turkmenistan and the Working Group. The Government provided information on the fate
40
A/HRC/27/49, para. 99; and A/HRC/33/51, para. 103.
23
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