A/HRC/25/65
IV. Conclusions and Recommendations
51.
The accounts presented in this paper only hint at the scope of the crisis of enforced
disappearance in Syria and the state of fear in which ordinary citizens live.
52.
Enforced disappearances are perpetrated as part of a widespread campaign of terror
against the civilian population. Government forces have engaged in enforced disappearance
in violation of their international legal obligations. Given the geographic spread of the
documented cases and the consistent manner in which abductions and arrests are carried
out, there are reasonable grounds to believe that enforced disappearances were committed
by Government forces, as part of a widespread and systematic attack against the civilian
population, and therefore amount to a crime against humanity.
53.
The direct victims of enforced disappearances were systematically denied their
fundamental human rights, more particularly their rights not to be arbitrarily detained, not
to be subjected to torture or to cruel, inhuman or degrading treatment or punishment, as
well as their rights to liberty and security, to be recognized as a person before the law and
to be treated with humanity and with the inherent dignity of the human person.
54.
By failing to acknowledge the deprivation of liberty, the Government has violated
the family’s right to the truth. The ensuing mental anguish suffered may breach family
members’ rights not to be subjected to torture or to cruel, inhuman or degrading treatment
or punishment. Where family members have been arrested when they sought to make
inquiries from the authorities, their rights to liberty and security have also been violated.
55.
The absence of an autonomous definition of enforced disappearance in the Syrian
Criminal Code and the lack of an official register or bureau that manages records of
detainees and responds to inquiries made by relatives, contributes to a system that is
conducive to enforced disappearances. Moreover, the persistent failure to notify the
families of the fate or whereabouts of their loved ones coupled with the systematic practice
of withholding information, reprisals, bribery or intimidation in response to the search for
information by relatives, and the absence of genuine investigations into allegations of
disappearances, constitute the many factors that create an environment of impunity in Syria.
Such a climate not only contributes to the perpetuation of the phenomenon of enforced
disappearance, but is also a major obstacle to the elucidation of its true extent.
56.
International human rights law imposes on Syria the obligation to take all
appropriate measures to investigate enforced disappearances and to bring those responsible
to justice.
57.
Disappearances are losses that cannot be mourned. They bear consequences on the
individuals, their families and the community as a whole and will remain among Syria’s
deepest wounds. The damage inflicted upon the victims, including their relatives, is
permanent and irreparable. Reconciliation cannot happen until each individual case of
enforced disappearance is clarified and the perpetrators brought to justice. No statute of
limitations applies to this violation. Investigating each case of enforced disappearance will
remain the responsibility of the Syrian state regardless of the Government in power.
The Commission recommends that the Government of Syria:
i.
ii.
iii.
44
Inform families of the whereabouts of all persons in their custody;
Ensure that all those detained are registered, and afforded legal review of the
grounds of their detention;
When a disappeared person is found dead, return the remains to the family and
inform them of the circumstances of the death;
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