human rights report
human rights report
In Syria , the detention history doesn’t come newly or In conjunction with Syrian revolution . When popular protests erupted in the March 2011, but in fact it is old existing, it is back to the mid-sixties of the twentieth century,when the Arab Socialist Baath Partytake the power in Syria .since that time the security bodiesstart to gooutside the scope of its work which it established for. and turn its mission to humiliate the people and devices suppressed and injustice in various ways.
When popular protests erupted since four years , the detention take a new approach in form and style and turned in to systematic detention committed by the Syrian government and its securitybodies.in addition to a new style of detention practiced by some of the armed opposition factions and militant groups, and because of that the Syrian citizen is the only victim ,but in the other hand the detention which committed by the Syrian government and its security bodies is the wider and the larger and most criminal
There are over two hundred thousand prisoners have been documenting accurately languishing in regular detention centers and irregular of the Syrian government in addition to at least five and eighty thousand prisoners have been documented names were Been forced disappearancein secret detention centers belonging to the Syrian governmen,remained unaccounted for until now
these numbers have been documented from several Syrian human rights and international organizations ,such as Syrian Human Rights Network , Centre of documenting violations in Syria and the United Nations. They are talked about these numbers in more than one report gave the UN Security Council and the General Assembly of the United Nations.
Types of violations relating to detention and what it caused in Syria:
First, arbitrary detention:
The international law did not put a clear and specific definition to the arbitrary arrest, but the working group on arbitrary detention define it as (the arrest which violates the provisions of human rights provided for by the major written documents for Human Rights.)
And for more specifically the working group developed three patterns of arbitrary arrest:
The first pattern: When there is no legal basis for deprivation of freedom (what if the person remains in custody after his prison sentence ends).
Type II: When someone deprived of his freedom as a result of the exercise of his rights and freedoms, guaranteed by the Universal Declaration of Human Rights
Type III: When a person is deprived of his liberty as a result of conflict with the trial scheduled for the fair court in the Universal Declaration of Human Rights or any other specific international standards Tools
In Syria, we can launch the term of arrest against the detention of opinion makers or politicalor a prison or persons unlawfully where (no crime without a legal text) in accordance with Article IX of the Universal Declaration of Human Rights and (may not be arrested, detained or deported arbitrarily) as is the case in Syria .and the Abuse which is an exaggeration in the use of the right granted by an authority for a implementers granted by the legislature to the executive, whereupon exploit this power in a way exaggerated, up somewhat unjustified prejudice.
According to several reports issued by international human rights organizations and special investigative committees, including violations committed in Syria: the Syrian regime forces carried out arbitrary arrests during field operations wild or immediately after, and include the detention of children, women and the elderly operations, in addition to the detention of family members of suspected members of the armed opposition, including family members of the dead fighters in order to obtain information from them or punish them.
And the detention without legal basis, and without that there will be reasons permitted by law to justify their detention, while not giving them the right to be re-examined in the reasons for their detention and its legality, and the Syrian regime forces carried out arbitrary arrests and illegal detention in violation of international human rights law .
Some of the armed opposition groups have also proceeded to rob people their freedom arbitrarily in violation of its obligations under international humanitarian law, and these groups did not allow the chance to detainees, to the possibility that their conditions of detention are subject to an initial and periodic review by an independent body.
The warring parties also baptized in Syria, to the taking of hostages, in violation of their obligations towards international humanitarian law and international criminal law, and the increasing number of incidents committed by armed opposition groups. Especially the organization of the Islamic State (Daash)
In addition, it has emerged the phenomenon of kidnappings by both parties, motivated by financial gain or prisoner exchange.And more types of kidnapping because of this motive: Is the kidnapping of women and girls, and because of that some families were forced to prevent women and girls from out of the home, limiting their freedom of movement and access to education.
Also, and contrary to the trials held by the Syrian regime and some of the militant groups in Syria, especially the organization of the Islamic State (Daash) with the most basic criteria used in trials in accordance with the laws and international conventions, and is in fact sham trials often end up the implementation of death sentences without the presence of crime in origin where that fair trial conditions set by the international conventions it is necessary to apply even in national laws and are:
1: guarantees of the arrest.
2: guarantees listening and interrogation (investigation).
3: Reservations and inspection guarantees.
4: The duration of custody and precautionary measures.
5: the competent court and not be exceptional and to be independent and neutral.
6: public trials and oral arguments.
7: An asset is a patent (the accused is innocent until proven guilty).
8: that there should be specific and extended maturities to decide the issues.
9: that there will be lawyers for the defendants and are the most basic rights.
10: there are several degrees of litigation so as not to issue a decision of one court a contract in addition to follow the principle of non-retroactivity of laws in the trials.
All of the above does not apply by the Syrian regime and some militant groups in Syria to the detainees who are in the majority of peaceful dissidents and opinion makers, which increases the arbitrariness of their detention and increase their suffering.
Therefore: There are obligations on the Syrian regime and the armed opposition in light of international humanitarian law most notably:
Call on both parties to protect civilians and ensure their safety and security effectively.
Call the parties to reveal the fate of persons detained arbitrarily and to allow the competent international organizations access to the truth of what is the outgrowth of their own destiny and save the evidence of the occurrence of violations of against the Syrian people from both parties.
Call the parties for not embarking on arbitrary detention, whatever the image or pattern, and not to arrest anyone without a legal justification for it.
Call the parties to respect the terms of ending all forms of Discrimination against Women (CEDAW).
Treat all detainees humanely according to the principles of international humanitarian law.
And after all of the above, we get the result of an important, and are:
That the Syrian regime and some of the armed opposition groups violate international humanitarian law, and the International Covenant on Civil and Political Rights, also violate the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
Also it ignores the fundamental human rights of persons subject to their control or detained have not complied with their obligations under international humanitarian law
Second: Enforced Disappearances:
It can be described the Syrian government’s strategy in dealing with the opposition as brutal strategy, once to say a word against the government happens detention, and in case of a repeat this act or say again it is the sponsor that the person simply disappears
And the Syrian government strategy followed since the eighties of the twentieth century, where the fate of the thousands still unknown until today, the estimated 17,000 seventeen thousand people and after the outbreak of the Syrian revolution in March 2011 there are at least 85,000 eighty-five thousand people are still unaccounted for until now
And such acts legally and constitutional inconsistent with the the Syrian Constitution, which was adopted in 2014 and which provided for the following:
Article 33 of the Syrian Constitution states in the first paragraph of which states:
(Freedom is a sacred right and the State shall guarantee the personal freedom of citizens and safeguards their dignity and security).
Article 53 of the Syrian Constitution stipulates that:
1- No one may be investigated or detained except by an order or decision of the competent judicial authority.
2- No one may be tortured or degrading treatment and punishment of the law specifies that it does not fall and that the criminal act of limitations.
3- Every person who is arrested must be informed of the reasons within 24 hours of his arrest and shall not be questioned without the presence of his lawyer if requested nor shall continue in detention for more than forty-eight hours in front of the administrative authority except by order of the judiciary
But what is going on practices by the Syrian government and its security services, completely the opposite, as stipulated in the Constitution, and that the phenomenon of enforced disappearances constitute a breach of the obligations of the Syrian state in front of itself and its Constitution, which ensured them and ignore completely the principle of the rule of law, which was considered essential in State and society.
And in the international enforced disappearances laws in accordance with Article II of the International Convention for the Protection of All Persons from Enforced Disappearance of 2006 is: (arrest or detention, abduction or any other form of deprivation of liberty by state officials or by persons or groups of persons acting with the authorization or support or with the consent of the State and followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate of the disappeared person or his whereabouts thus depriving them of the protection of the law).
And this agreement is enforced disappearances a crime against humanity.
And thousands of men, women and children had been kidnapped from the streets and houses and places of work before being transferred to official prisons or secret detention centers and some of them remain in detention for long periods without access to any legal assistance
And multiple patterns of enforced disappearances in Syria, and the Syrian government is the largest accused of carrying out these operations and the detention of the largest number of victims, and the various armed groups are following this method, but by almost negligible in comparison with what the Syrian government and its security apparatus, whereIt has been documented about 1,100 people have been detained by armed groups led by the organization of the Islamic state.
In a report released by the Human Rights Office of the UN talking about the real number of cases of enforced disappearances in Syria will only be known after the end of the conflict.
And this crime is still pursued by the Syrian government to crush the opposition, despite many claims to the United Nations to put an end to this abhorrent practices according to the United Nations Description
Third, torture in the prisons of the Syrian government and some of the torture methods used:
With the outbreak of peaceful demonstrations calling for freedom in Syria in March of 2011, was the arrest of participants in the demonstrations and those who call them, the most prominent of the weapons used by the Syrian regime’s security forces to deter them from taking part,
And the regime’s security services did not only arrest only, but rather pursued severe torture leading to death inside the prisons and detention centers in clear violation of international laws and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment, ratified by the Syrian government in policy 2004.
With the passage of days of the revolution, the policy of torture became systematic survey form, and evolved to what can be described as crimes against humanity according to Article VII of the Rome Statute of the International Criminal Court.
First: the first paragraph of Article I of the Convention against Torture and other cruel, inhuman or degrading treatment, which was enforced on June 26, 1987, defines torture as: (any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted , with a view to obtaining from him or a third person information or a confession or punishing him for an act he has committed or is suspected of having committed that he or a third person or intimidating or coercing him or a third person, or when such pain or suffering of any reason based on discrimination of any kind, or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity does not include pain or suffering arising only from legal penalties, or inherent in such sanctions or who is incidental to )
Second: that torture is a crime against humanity
Select the Charter of the Rome Statute of the International Criminal Court: the basics of the crime of torture to be a crime against humanity according to Article VII of it and these elements:
1: The perpetrator inflicted severe pain or suffering, whether physical or mental, upon a person or more.
2: Such person or persons were detained by the perpetrator or under his control.
3: that this is not pain, or suffering, arise only from legitimate inherent in or affiliated with sanctions.
4: The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
5: The perpetrator knew that the conduct was part of a widespread or systematic attack directed against a civilian population or intended the conduct to be part of that attack.
And when compared to the crimes of torture practiced by the Syrian regime forces and security agencies in detention centers demonstrated the applicability of their behavior with elements of the crime of torture, which constitute a crime against humanity.
Third: Torture in Syrian law.
Syrian Constitution of 2012 states in the second paragraph of Article 53 that: (no one may be tortured or degrading treatment and punishment of the law specifies that it does not fall and that the criminal act of limitations).
This provides formerly Article 391 of the Syrian Penal prohibiting torture and punish the perpetrators law stipulates that are /
imposes of people multiplied by the intensity of not permitted by law desire to get approval for a crime or any information thereon shall be punished with imprisonment of three months to three years.
2: If such acts of violence to the trauma or injury, the minimum punishment is one year’s imprisonment.
But despite these laws that prevent torture and punish it in Syrian law, but that the system to now refused to cancel the work of Article 16 of Law 14 of 1969 and under which immunity is given to the security forces in the event of crimes where shall not be prosecuted without the approval of the commander in charge of them.
And this article constitute a flagrant violation of all international and national laws and the Convention against Torture, signed by the Syrian government.
As a result of these violations continue in the regime’s prisons despite the scandals that were published globally from committing massacres tortured terribly by the Syrian regime forces and was the most prominent of the deployment of 55 thousand copy of a dissident officer of the Syrian military police where pictures showing nearly 11 thousand prisoners They died in the prisons and detention centers were tortured ugliest methods of systematic torture.
Despite the scandal of the crime did not stop for one day in Syria every day documenting the activists in the field of human rights for many cases of people who have died under torture.
statistical month of December of the previous year 2014 where it was documented at least 104 cases of people who have died under torture in detention centers and systemic non-statutory forces system.
If cases of murder under torture going on since 2011 without interruption and there have been several attempts to make the torture file in Syria for consideration before the International Criminal Court, but all of them failed for two reasons: that Syria is not a signatory to the Charter of the International Criminal Court send so file must be a decision of the The UN Security Council and has been the use of the veto by Russia and China more than once, leading to disable this decision to stay torture in Syria hung file to indeterminate and detainees remains are only the victim and the biggest loser.
Some methods of torture:
Varied methods of torture used by the Syrian government forces and its security services in regular detention centers and irregular, but brings them one thing is that they are deliberately made and systematically and have been documented at least 45 method of torture and can be divided into two parts:
Section I: physical methods, and notably:
Daybreak: Install feet by the gun belt and raising them up and beating on the soles of the feet with a stick or an electric chain.
Flying Carpet: and it is throwing the detainee on his back and shackled to a wooden board retractable so that it can raise the ends of the board toward each other so that the feet touch the head, causing severe pain in the lower back with continued being hit in the meantime.
German chair: and restrict arms of the detainees and their feet are where a metal chair provider palm moving back so that cause great pain and tremendous pressure on the bones of the neck and parties leading in most cases to the incidence of permanent damage to the spine and even paralysis .wheel : the detainee is placed inside the wheel from the center of his body or is linked to the detainee’s hands and feet to the back so that it becomes like a wheel the car and is hitted with a stick or an electric cable to all parts of the body.
hanging is hanging of the detainee or his hands from his shoulders after tying his hands back so that his toes barely touching the ground for long hours and are beaten and he is in this case electrocution: and it is linked to the detainee to a metal chair and delivery of electrical sockets of his hands and feet and sometimes sensitive areas of the body and pass electric current in the body according to the escalating tensions.
Torture using electric drill and torture has been this way in several cases crossing: linking the hands and legs of the detainee in a cross and begin beatings and especially on the genitals.
Crashing: and the head of a detainee is placed between the wall and the door of the moving prison and close the door on his head.
Grab the meat using metal tweezers from sensitive areas of the body.
The rape of detained male or female detainee and forcing the rape of detainees.
Burn skin chemical acids and cigarette butts.
making a hole of the ear and nose of timber.piston
hanging the detainee in the air and hit him.`
entering a sharp or soft drinks bottles tools in the back of detainees.
Section II: psychological torture.
Forcing the detainees to watch other detainees being tortured or raped.
The threat to arrest the detainee’s family as a wife and mother and sister and the threat of their rape and tortured in front of him.
The attack on the doctrine of the detainee and insulting and spitting
Forcing detainees to strip naked in front of others.
Put the detainee in a cell where someone is dying or dead person.
ordered the detainee to prostrate to image the head of state.
Take the detainee to the prison doctor, who a blow to the place of pain are not required to go to the doctor again.
Fourth, the court field.
Old and history in Syria dates back to the sixties of the twentieth century, and there has been a modification in the constitution in 1973 and its work is deviating in the eighties of the last century during the events related to the conflict between Hafez al-Assad regime and the Muslim Brotherhood.
Court structure: formed by a decision of the Minister of Defense and Chairman of two members and not less than the rank of the president for a pilot and captain for Members.
Provisions: provisions are not up at best to the rank of courts of law and the fair is considered non-existent for civilians.
It shall issue its decisions are final and not subject to any of the remedies, and apply its decisions after it has been ratified by the competent authority and implemented in accordance with the judicial legislation known.
Where death sentences are subject to ratification by the President. The rest is being ratification provisions of the Minister of Defense.
And it shall be entitled only to the Head of State or Secretary of Defense commutation of the sentence or other penalty or replace canceled keeping with the lawsuit, also may have to order the retrial before another court field.
In the 1973 constitution has been modified to make the Syrian Constitution, the creation of secret courts are called field courts with the addition of an item includes (failure to prosecute any of the workers in the administration for the crimes they commit while performing specific tasks or assigned to them). And at the start of the popular movement in Syria in March 2011 he returned more active than the previous until they called (the tomb of activists and revolutionaries), and derived from the rigors of the bad reputation of its provisions, which begins five years up to the death penalty. And both are tried are transferred to Sednaya military prison accommodation where there are equally bad for the security branches. According to witnesses frequent information and, most of were transferred to this court are activists in the medical field and relief or were arrested randomly and forcing them under torture in the security services to sign and thumb-print false confessions without any legal document, and provisions against some had been issued and it has been implemented based on what enclose the detainee file. And usually it is sentencing through at least ten days or a maximum of one month and implemented by the Minister of Defense in two or three
. Fifth: violations against Syrian women in detention centers: it was women’s role in the popular movement in various towns and cities, which saw the beginning of the Syrian popular movement against the syrian government. the woman who took part the ministry of the wounded who were falling in the demonstrations at the hands of government security forces. Also she had a significant media about at the beginning of the events in the delivery of what is happening on the ground of crimes and abuses against peaceful demonstrators, who demanded freedom and confronted with excessive violence, which led to the prosecution of security and vulnerability to arrest and torture. And the Syrian government and its security forces of sexual violence against men, women and children in arrest centers use of sexual violence as a weapon horrible methods of torture used against women in detention. And using this medium regularly and systematically by government forces to humiliate the women and humiliate them without any deterrent or punishment for the commission of such acts show us through the testimonies that we have documented the women were being detained at the Syrian government security services, that about 80% of the These women were threatened with rape, directly or indirectly, in addition to sexual harassment by touching the bodies of detainees and uttering obscenities relating to the nationality of their right to supply and honor. Sexual violence is also used in prisons to extract real confessions or not true of prisons where most of the detainees had the participants said in their testimony they were threatened with rape in the event of non-recognition nor the attacks are limited to detention centers, government forces are militias affiliated have many times assaulted sexually and physically the girls and women during a raid homes during the invasion of residential areas. And there are many violations that have been documented in detention centers, including: Enforced Disappearances. A. sexual assault. (B) torture in many ways physical and psychological, including: – the use of electric shocks to force detainees to make certain confessions. – Forcing women and girls detained to stay in situations stressful and very difficult. – Use of bars and wires, sticks and metal cables electricity in beaten and tortured. And consequently, the issue of detention in Syria and detainees remains the most complex where it considers the Syrian government and bargaining chip in many cases, as well as some of the armed opposition factions it remains detainees represent the biggest tragedy in Syria and that against them vary violations dramatically as we tried to say above