A/HRC/37/72
subjected to torture or cruel, inhuman or degrading treatment. Arbitrary judicial processes
have been used to justify summary executions of some detainees without any semblance of
due process or fair trial standards being met.
20.
It is long overdue for the parties to the conflict to prioritize the release of arbitrarily
detained persons. This has been a key principle underlying the political process since the
Geneva Communique of 2012. 2 A clear and immediate starting point that would show
willingness to end the conflict would be the universal release of women, children, elderly
men and persons with disabilities from all places of detention. This should be done now,
not only in the context of the prisoner swaps that have been taking place, but as a
commitment by all sides and as a confidence-building measure.
21.
Integral to any negotiated settlement is the commitment to open up all places of
detention to humanitarian and human rights organizations, in particular the International
Committee of the Red Cross and the United Nations. This should include the transparent
gesture of releasing the names of and locations where all civilians are being detained
throughout the country.
22.
Given the size and scope of the caseload of missing persons, the creation of an
independent and impartial mechanism with an international mandate to coordinate and
consolidate claims, including relating to persons subjected to enforced disappearance, will
likely be essential to devising an adequate response for the families of missing persons.
Such a mechanism could be tasked with defining the key elements required to efficiently
and effectively track and identify missing persons, to help consolidate claims filed with a
wide variety of non-governmental and humanitarian organizations and to coordinate
overtures to the parties to the conflict to locate the missing or their remains. A critical
component of these efforts would be communication with and the involvement of the
families of missing persons to ensure that they are apprised of information and updates as
such data becomes available.
23.
Mechanisms designed to alleviate elements of the acute humanitarian crisis
afflicting the country and to facilitate sustainable returns should also be prioritized.
Addressing the displacement of civilian populations on a scale unseen since the Second
World War will require a concerted international effort. In particular, a mechanism will be
needed to ensure that housing, land and property rights of refugees and internally displaced
persons are respected. The Government of the Syrian Arab Republic must make sure that
changes to the existing legal framework also respect the property rights of all Syrians and
that any laws that are discriminatory in intent or application or that otherwise violate
fundamental human rights are repealed promptly. It will be essential to guarantee that
persons wishing to return and who have a home to return to can do so. While this is a longterm and technical process, it requires careful consideration of the existing property laws in
the Syrian Arab Republic and any revisions or reforms to those laws should guarantee the
rights to ownership, possession and security of tenure of the civilians who left their homes
under threat or out of need.
24.
In keeping with past practice, the present report draws from more than 500
interviews and encapsulates the trends over the past six months in the Syrian Arab
Republic, with particular focus on the impact of the offensive against ISIL and the use of
siege warfare on the civilian population. The Commission proposes a set of forwardlooking principles and initiatives and makes recommendations on how these can be
implemented to improve the situation of civilians in the country and help them to achieve a
semblance of justice.
III. Political and military developments
25.
The Syrian conflict is entering its seventh year. New military and political dynamics
are taking shape. Numerous international mediation efforts have been carried out in an
attempt to promote dialogue between the conflicting parties and reach a political settlement.
2
6
See A/66/865-S/2012/522, annex.
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