A/HRC/22/59
received, these mechanisms do not meet international judicial standards as defined under
international humanitarian law. Passing sentences or executing without due process is a war
crime.
64.
Anti-Government armed groups killed persons who were either hors de combat
fighters or civilians taking no active part in hostilities, thereby committing the war crime of
murder. Such killings also breach international human rights law.
C.
Arbitrary arrest and detention13
65.
Incidents of arbitrary arrest and detention continued apace despite their international
legal prohibition. Hostage-taking for ransom or exchange by armed groups was also
recorded. State personnel must, at a minimum, inform an arrestee of the reasons for their
arrest, bring the person promptly before a judge and provide them with an opportunity to
challenge the lawfulness of detention.
66.
Both State and non-State actors choosing to detain persons during armed conflict
must treat them humanely, avoiding any cruel, inhuman or degrading treatment. No party
may take hostages.
1.
Government forces and affiliated militia
67.
Five men who worked as guards at official detention centres prior to defecting
conveyed details of Government strategies and means of arbitrary arrest. Suspects were
seized during house searches, military operations or immediately following demonstrations.
They were taken to detention centres and tortured to reveal information on others possibly
involved in the opposition. The information gathered through these coercive techniques was
used to compile lists of future arrestees.
68.
Twenty-two persons were victims of arbitrary arrest. They were held
incommunicado for extended periods without their families being notified. They were
forced to pay bribes for their release, and were held solely for the purpose of extracting
information or to force others to surrender. No interviewee reported being informed of the
reasons for their arrest.
69.
Others reported being taken before a judge and being given an order for release. In
eight cases, however, those interviewed stated that their family members had paid bribes to
secure their release. One defector who had worked for an intelligence branch in Hama
stated “Detainees pay money to secure their release. It is a systematic practice in Syria
nowadays. Arresting people is done very often for this particular purpose.”
70.
Security forces holding one former Latakia resident stated to his brother through
intermediaries that, “unless you surrender, your brother will remain in detention”. Multiple
accounts corroborated the practice of arresting someone else in the family if the person
wanted was not at home.
71.
Official statistics on the number of detainees and detention centres have yet to be
provided by the Government. It did provide information concerning the release of 2,289
persons detained during the period under review.
72.
Government forces arbitrarily arrested and detained individuals in violation of
international law. They held people without charge and without a legal basis, exacting
bribes for their release. Arresting people on the basis of information obtained by torture
13
GE.13-10627
See also annex VI.
13
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