A/HRC/22/59
Relatives of some detainees who approached the Government security apparatus were
themselves arrested, justifying a fear in others who might undertake the same inquiry.
15.
Given the geographic spread of the documented cases and the consistent manner in
which abductions and arrests were carried out, there are reasonable grounds to believe that
enforced disappearances were committed by Government forces, as part of a widespread or
systematic attack against a civilian population, constituting crimes against humanity.
16.
There is currently insufficient information to make a finding in respect of Shabbiha.
These affiliated militia are likely to be viewed as agents of the State acting with the State’s
authorisation, support or acquiescence.
17.
Although anti-Government armed groups are per se not a party to the Convention,
their actions can be assessed against customary international legal principles, and they are
subject to criminal liability for enforced disappearance that amounts to a crime against
humanity. There is currently insufficient information to make a finding with respect to antiGovernment armed groups and enforced disappearance; investigations are on-going.
66
GE.13-10627
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