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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