A/HRC/25/60/Add.2
Covenant on Civil and Political Rights (ICCPR), that the Syrian Arab Republic acceded to
on 21 April 1969, and the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT), acceded to on 19 August 2004. The Special
Rapporteur draws attention to paragraph 1 of Human Rights Council Resolution 16/23
which “Condemns all forms of torture and other cruel, inhuman or degrading treatment or
punishment, including through intimidation, which are and shall remain prohibited at any
time and in any place whatsoever and can thus never be justified, and calls upon all States
to implement fully the absolute and non-derogable prohibition of torture and other cruel,
inhuman or degrading treatment or punishment.” The Special Rapporteur reiterates article
12 of the Convention Against Torture, which requires the competent authorities to
undertake a prompt and impartial investigation wherever there are reasonable grounds to
believe that torture has been committed, and article 7 of the Convention Against Torture,
which requires States Parties to prosecute suspected perpetrators of torture. He takes note
in this respect of the Principles on the Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul
Principles) as a useful tool in efforts to combat torture. In the absence of other evidence, the
Special Rapporteur finds that the Syrian Arab Republic is responsible for the torture and
death in custody of Mr. Ghazzoul. He calls on the Government to undertake a prompt and
independent investigation into these events, leading to prosecution and punishment of the
perpetrators, and to provide full redress to the victim’s family.
(b)
JUA 13/05/2013 Case No. SYR 2/2013 State Reply: None to date Alleged disappearance
and torture of Mr. Omar Mohamed Mamoun Arnous and the incommunicado detention and
denial of medical treatment of Mr. Khalil Matouk.
148. The Special Rapporteur regrets that the government of Syria has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to the alleged disappearance and torture of
Mr. Omar Mohamed Mamoun Arnous and the incommunicado detention and denial of
medical treatment of Mr. Khalil Matouk. According to the information received, Mr. Omar
Mohamed Mamoun Arnous, a member of the Syrian Network for Human Rights (SNHR),
was arrested at his home on 7 October, 2012. He was reportedly last seen in February 2013
in a military hospital of the Syrian capital bearing serious signs of torture, and would have
then been transferred to another unknown military hospital. It is reported that so far the
Syrian authorities have failed to disclose his whereabouts or information regarding his
health condition. Mr. Khalil Matouk is a human rights lawyer and executive director of the
Syrian Centre for Legal Studies and Research and has been in detention for over the
allowed maximum of sixty days of detention for investigative purposes according to Syrian
law. It is also reported that Mr. Matouk suffers from a serious lung disease, which
diminishes his lung capacity by 60% and has severe breathing difficulties due to reduced
lung function. He is reportedly being denied medication, which he took regularly prior to
his detention to help his condition. With regard to the unknown whereabouts and
incommunicado detention of Mr. Arnous and Mr. Matouk, the Special Rapporteur reminds
the Government of paragraph 8b of Human Rights Council Resolution 16/23, which
reminds States that “Prolonged incommunicado detention or detention in secret places can
facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or
punishment and can in itself constitute a form of such treatment, and urges all States to
respect the safeguards concerning the liberty, security and the dignity of the person and to
ensure that secret places of detention and interrogation are abolished.” With regard to the
alleged torture of Mr. Arnous, the Special Rapporteur reiterates paragraph 1 of Human
Rights Council Resolution 16/23 which “Condemns all forms of torture and other cruel,
inhuman or degrading treatment or punishment, including through intimidation, which are
and shall remain prohibited at any time and in any place whatsoever and can thus never be
justified, and calls upon all States to implement fully the absolute and non-derogable
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