A/HRC/24/46
66.
Both pro-government forces and anti-government armed groups engaged in hostagetaking, in violation of international humanitarian and criminal law.
D.
1.
Enforced disappearance
Government and pro-government forces
67.
Instances of enforced disappearance have risen exponentially since the conflict
began. By placing victims outside the protection of the law, government forces sewed terror
among the civilian population.
68.
Enforced disappearance infringes on a person’s fundamental human rights, including
the rights to liberty, to personal security and to a fair trial. A crime under international law,
it is a violation which persists for years after the initial arrest or abduction. It is a gateway
to other offences, such as torture.
69.
Enforced disappearance was carried out by government forces, including Air Force
and Military Intelligence, and by National Defence Forces. In Aleppo, Damascus, Dara’a,
Dayr az Zawr, Hamah and Homs, civilians were arrested following army raids. Individuals
were abducted in their homes, at checkpoints, in mosques and in hospitals. Victims were
taken to unknown locations, their whereabouts undisclosed.
70.
Across the country, families wait – sometimes for extended periods – to know the
fate and whereabouts of their relatives. One interviewee’s brother was arrested in Dara’a in
March 2012 by members of Security Branch 215, and has not yet reappeared.
71.
Families have justified fears that searching for their relatives may lead to reprisals.
Some who reported a disappearance were themselves detained. Authorities also refused to
provide information or to acknowledge arrests. One defector, who worked in Air Force
Intelligence in a central governorate until late 2012, cited orders that information about
detainees was not to be provided to their relatives. The desperation of families has left them
vulnerable to extortion. Some families pay bribes to those who – often falsely – claimed
they could provide information.
72.
In most cases, the only way to obtain information is when a detainee is released. One
interviewee, held for over a year by an intelligence agency, was confronted upon his release
by dozens of women thrusting photographs of their male relatives towards him, hoping he
might have seen them during his detention.
73.
Most frequently targeted are males over the age of 15. In some cases, however,
elderly women and children have been “disappeared”. One interviewee reported that,
following the army’s counter-offensive in Bab Amr in March, soldiers abducted his
neighbours, including women and children. These families were not seen again. Medical
personnel, internally displaced persons and individuals fleeing the violence have also
vanished. On 8 June, a family fleeing fighting in Al-Waar neighbourhood, Homs city, was
stopped by soldiers. The husband was arrested and taken to an unknown location.
74.
Enforced disappearance is used by government and pro -government forces as a
strategy of war, to stifle dissent and to spread terror within society. It is committed as part
of a widespread attack against a civilian population, with knowledge of the attack, and
constitutes a crime against humanity.
E.
Torture and ill-treatment
75.
Torture remains widespread. Severe physical and mental pain and suffering is
deliberately inflicted to obtain information or confessions, as punishment, to intimidate or
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