A/HRC/13/42*
page 118
required by article 4 (3) of the Covenant, of the provisions from which it had derogated and the
reasons therefore, and of the termination of any particular derogation.449
243. The Human Rights Committee also expressed its concern at continuing reports of torture
and cruel, inhuman or degrading treatment or punishment, practices that it found to be facilitated
by the resort to prolonged incommunicado detention, especially in cases of concern to the
Supreme State Security Court, and by the security or intelligence services. As a consequence, the
Committee recommended that the State party should take firm measures to stop the use of
incommunicado detention and eradicate all forms of torture and cruel, inhuman or degrading
treatment or punishment by law enforcement officials, and should ensure prompt, thorough and
impartial investigations by an independent mechanism into all allegations of torture and
ill-treatment, prosecute and punish perpetrators, and provide effective remedies and
rehabilitation to the victims.450
244. The experts note a recent report of Human Rights Watch in which concern is expressed at
the current situation of the Kurdish community in the Syrian Arab Republic. The organization
affirmed that, inter alia, the Emergency Law had been used to detain a number of leading
Kurdish political activists without arrest warrants, and that 30 former Kurdish detainees, who
were interviewed for the report, had been held incommunicado at the security branches for
interrogations by security forces and that some of them had allegedly been subjected to torture
and other forms of ill-treatment, including sleep deprivation and stress positions. Furthermore, it
is ascertained that these people were only able to inform their relatives of their whereabouts after
being transferred to ordinary prisons. According to the report, this practice has not only been
used against Kurdish activists, but also against all political and human rights activists.451
245. In 2009, the Working Group on Enforced or Involuntary Disappearances transmitted eight
cases concerning members of the Kurdish community of Kamishli who had been allegedly
abducted in 2008 and whose whereabouts remain unknown.452
246. In the context of the present study, the experts conducted an interview with Maryam Kallis,
who was held in secret detention in Damascus from 15 March to 7 June 2009.453 According to
her report, Ms. Kallis was held in the basement of a building located in a private area in
Baab-Tooma, Damascus, which, she assumed, could have been run by the Mukhabarat, the
Syrian intelligence services. During this period, Ms. Kallis was taken blindfolded eight to ten
449
CCPR/CO/84/SYR, para. 6.
450
Ibid., para. 9.
451
Human Rights Watch, “Group denial, repression of Kurdish political and cultural rights in
Syria”, 26 November 2009, pp. 44-49. Available from
www.hrw.org/en/reports/2009/11/26/group-denial.
452
A/HRC/13/31, para. 546.
453
Interview with Maryam Kallis (annex II, case 12).
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