A/HRC/RES/41/23
20.
Notes the continued functioning of the Working Group on the release of
detainees/abductees, the handover of bodies and the identification of missing persons,
composed of Turkey, the Russian Federation and the Islamic Republic of Iran, as well as the
United Nations, positively notes the reports of the simultaneous release, facilitated by the
Working Group, of detainees by the conflicting parties on 24 November 2018, and 12
February and 22 April 2019, and underlines the need for further sustained and large-scale
concrete steps on this issue, and reiterates that all parties to the conflict must abide by their
obligations under international humanitarian law and international human rights law, as
applicable;
21.
Welcomes Security Council resolution 2474 (2019) of 11 June 2019, and calls
upon parties to the armed conflict in the Syrian Arab Republic to take all appropriate
measures to actively search for persons reported missing, to enable the return of their remains,
and to account for persons reported missing without adverse distinction, and to put in place
appropriate channels enabling response and communication with families on the search
process, to take appropriate measures to prevent persons from going missing as a result of
the armed conflict, while paying utmost attention to cases of children reported missing as a
result of the armed conflict, and to take appropriate measures to search for and identify those
children;
22.
Recognizes the permanent damage that torture and ill-treatment, including
sexual abuse and violence, cause to their victims and their families, and condemns the denial
of medical services in all prisons and detention facilities;
23.
Calls upon the Syrian authorities and all other parties to the conflict to ensure
the effective implementation of Security Council resolutions 2139 (2014) of 22 February
2014 and 2254 (2015) and 1325 (2000) and to adhere to their obligations under international
law, in particular to end arbitrary detention, torture and sexual and gender-based violence in
the Syrian Arab Republic, notably in prisons and detention facilities, as well as kidnappings,
abductions and forced disappearances, as demanded by the Council in its resolution 2139
(2014) and by the Commission of Inquiry in its recommendations;
24.
Urges all parties to take heed of the recommendations made by the
Commission of Inquiry on the issue of detainees, in particular its calls for the appropriate
international monitoring bodies to be granted immediate access without undue restriction to
all detainees and detention facilities, and for all parties, in particular the Syrian authorities,
to publish a list of all detention facilities, to allow access to medical services for all detainees
and to provide information on those whom they have detained to their families;
25.
Demands the immediate release of all persons arbitrarily detained, including
women, children, older persons, persons with disabilities, human rights defenders,
humanitarian aid providers, medical personnel, the wounded and sick, and journalists, and
notes the importance of ensuring justice for those arbitrarily detained;
26.
Condemns the reported forced displacement of populations in the Syrian Arab
Republic, expresses deep concern at reports of social and demographic engineering in areas
throughout the Syrian Arab Republic, and calls upon all parties concerned to cease
immediately all activities that cause these actions, including any activities that may amount
to war crimes or crimes against humanity;
27.
Expresses grave concern that, according to the Commission of Inquiry in its
latest report,1 more than 1.5 million civilians were forced to flee their homes during 2018,
and that thousands more were forcibly displaced pursuant to “evacuation agreements”
negotiated among warring parties;
28.
Expresses deep concern at the situation of the 6.2 million internally displaced
persons across the Syrian Arab Republic, and urges all parties to take note of the
recommendations on this matter made by the Commission of Inquiry, and to ensure that any
evacuation and movement of civilians is consistent with international humanitarian law and
international human rights law, as applicable;
29.
Deplores the existence and application of national legislation, in particular
Law No. 42/2018 and other legislation and practices concerning housing, land and property
rights, which have a significant detrimental impact on the rights of Syrians displaced by the
5
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