A/HRC/21/50
II. Anti-Government armed groups
27.
The commission conducted 15 interviews relating to the treatment of members of
Government forces and Shabbiha by anti-Government armed groups. All interviewees
claimed to be members of these armed groups.
28.
All 15 interviews detail the capture, interrogation and either release or execution of
those detained.b Interviewees stated that those captured were offered the chance to join antiGovernment forces. Those that did not were reportedly either executed or were used as part
of an exchange for captured anti-Government fighters.
29.
One individual, a member of an anti-Government armed group in Idlib governorate,
stated that those who did not wish to join the anti-Government forces were imprisoned.
Two other anti-Government fighters stated that makeshift detention centres had been set up
in the Bab Amr and El Khaldiyah neighbourhoods in Homs. The commission also notes
that the majority of those interviewed claimed that those who refused to join the antiGovernment armed groups were executed, in part because the groups had no means of
housing and providing for prisoners.
30.
Three of those interviewed stated that captured Government fighters and Shabbiha
were tortured as part of an interrogation which took place before execution. One
interviewee admitted that captured members of Government forces were beaten with
electric wire and were threatened with drowning, with their heads forced in and out of
water.
31.
The commission has also received information indicating that Syrian security forces
and/or their alleged supporters caught by the anti-Government armed groups have
confessed under torture. Many of the video recordings of alleged incidents show those
captured with signs of physical abuse, including bruising and bleeding. Two Iranians, held
in late January 2012 and released in late April 2012, later made public statements about
physical abuse suffered, including the breaking of bones, during their captivity. The
commission could not verify those video recordings.
Legal conclusions
32.
The commission finds there are reasonable grounds to believe that torture and other
forms of cruel, inhuman or degrading treatment have been committed by anti-Government
armed groups during interrogations of captured members of Government forces and
Shabbiha. The commission determines that severe pain was inflicted to punish, humiliate or
to extract information from detainees.
33.
The commission determines, however, that the acts of torture were not committed as
part of either a widespread or systematic attack on a civilian population. Therefore, they do
not constitute crimes against humanity but may be prosecutable as war crimes.
b
90
See annex V.
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