A/HRC/21/50
that, having been without water for a week, he drank his own urine to survive. Health
conditions in detention were reportedly poor. Several interviewees stated that their cells
were not equipped with toilets. Four interviewees described cells infested with insects,
including lice.
20.
The commission received information it could not corroborate on the denial of
medication and medical treatment. One detainee stated that a man, held in his cell in the
Idlib military intelligence building in early 2012, died, having not received medication for
his diabetes. Another, held in the Kafr Susah military intelligence branch in Damascus,
stated that a fellow detainee was left with a broken leg in his cell.
21.
Five of those interviewed said they had been held for longer than two months. Two
had been held for approximately five months. During this time, none reported receiving
legal visits. Only one interviewee said he had received a family visit, a single visit from his
wife.
22.
As noted above, lack of access has rendered the commission unable to inspect
detention centres. The commission has recorded accounts that, if verified, would amount to
the breach of the Standard Minimum Rules for the Treatment of Prisoners, details of which
are provided in annex I (Applicable law).
F.
Legal conclusions
23.
The commission confirms its previous finding that torture and other forms of cruel,
inhuman or degrading treatment have been committed by Government forces and Shabbiha.
This is in violation of the Syrian Arab Republic‘s obligations under international human
rights and humanitarian law.
24.
The commission determines that severe pain was inflicted upon persons in official
and unofficial detention centres, during house searches and at checkpoints. The
Commission further finds that torture was inflicted to punish, humiliate or to extract
information from detainees. Much of the physical violence described by interviewees –
including kicking, hitting, beating (including beating on the soles of the feet), flogging,
inflicting electric shocks, burning, extended hanging from hand and/or leg chains and
threatening the victim with execution in circumstances where the interrogators had the
power to carry out this threat – have been found to constitute torture by various
international tribunals.a
25.
The commission finds there are reasonable grounds to believe that torture has been
perpetrated as part of a widespread attack directed against a civilian population by
Government forces and Shabbiha, with knowledge of the attack. It, therefore, concludes
that torture as a crime against humanity has been committed by Government forces and
Shabbiha. On the basis of interviews conducted, members of the intelligence agencies, in
particular Military and Air Force Intelligence appear to be primarily responsible for torture
and ill-treatment. The commission notes the involvement of Shabbiha in acts of torture in
unofficial detention centres in Homs city in February and March 2012.
26.
The commission further finds that conduct such as forcibly shaving detainees and
forcing them to imitate dogs constitutes cruel, inhuman or degrading treatment. Similarly,
the conditions of detention as described in interviews conducted would, if verified,
constitute the cruel, inhuman or degrading treatment of those detained.
a
See annex I (Applicable law).
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