A/HRC/22/59
Annex VII
[English only]
Enforced disappearancea
1.
One of the most insidious aspects of the Syrian conflict has been the disappearance
of thousands of people from their homes, at checkpoints and from the street as they went
about their daily lives.
2.
The International Convention for the Protection of All Persons from Enforced
Disappearance requires, de minimus, a person’s arrest, detention or abduction and a refusal,
either at the time at which the person is deprived of his liberty or afterwards, to give
information on his fate or his whereabouts. These acts and omissions must be carried out by
or with the authorisation, support or acquiescence of the State.b While Syria is not a party to
the Convention, it is a party to the ICCPR and the Arab Charter on Human Rights,
provisions of which are infringed by enforced disappearance.
3.
Enforced disappearance places its victims outside the law, violating their right to
recognition as a person before the law, to liberty and security and freedom from arbitrary
detention, including the right to be brought promptly before a judge or other official for
review of the lawfulness of detention. It is also often a gateway to the commission of
further crimes such as torture and other forms of cruel, inhuman or degrading treatment or
punishment, and murder.
4.
The prohibition against enforced disappearance in international law, however, serves
to punish harms that are distinct from, for example, arbitrary arrest or torture. It is rooted
not only in the paramount protection of the individual, but in the protection of the family
during armed conflict.c Indeed, investigations of enforced disappearance are often
particularly difficult because families — living in hope that their relatives will be safely
returned to them — do not wish to provide names and other details of the disappeared. Lack
of access to Syria has further hindered investigations.
I. Government forces and affiliated militia
5.
There were 19 reports of enforced disappearance committed by Government forces
— both army and intelligence agents — and affiliated militia, occurring since 15 July. The
majority of the disappeared were adult men though three reports relating to the
disappearances of women and two relating to children were received.
6.
In eleven of those incidents, the whereabouts of the person or persons arrested or
abducted remains unknown. Five returned to their families after lengthy detentions, with
four indicating they had suffered serious physical abuse — and in one case a rape — during
their detention. In three cases, the bodies of those who had been taken were later recovered.
a
b
c
64
See A/HRC/21/50, Annex II for the applicable law.
Additionally, the International Criminal Court, in its Elements of Crimes, indicated that such acts and
omissions can be carried out by or with the authorisation, support or acquiescence of “a political
organisation” and that an intention to remove the person from the protection of the law for “a
prolonged period of time” must be present.
Brian Finucane, Enforced Disappearance as a Crime Under International Law: A Neglected Origin in
the Laws of War, The Yale Journal of International Law, [Vol. 35: 171].
GE.13-10627
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents