A/HRC/22/53/Add.4
Standard Minimum Rules for the Treatment of Prisoners, which provides that “[s]ick
prisoners who require specialist treatment shall be transferred to specialized institutions or to
civil hospitals. Where hospital facilities are provided in an institution, their equipment,
furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of
sick prisoners, and there shall be a staff of suitable trained officers.” Furthermore, Rule 25(1)
provides that, “[t]he medical officer shall have the care of the physical and mental health of
the prisoners and should daily see all sick prisoners, all who complain of illness, and any
prisoner to whom his attention is specially directed.” (Approved by the Economic and Social
Council by resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977.)
Based on the absence of evidence to the contrary, the Special Rapporteur determines that
under the UN Convention against Torture the rights of Messrs. Mazen Darwich, Hussayn
Gharir, Hani Zitani, Abdelrahman Alhamade, and Mansour al-Omari, whose whereabouts
remain unknown, were violated. Furthermore, the Special Rapporteur believes that, in the
absence of contrary evidence, the criminal charges against these individuals are likely part of
a wider pattern of Government harassment against human rights defenders. Accordingly, the
Special Rapporteur determines that under the UN Convention against Torture the rights of
Mr. Bassam al-Ahmed, Mr. Jawan Farso, Mr. Ayham Ghazzoul, Ms. Yara Badr, Ms. Razan
Ghazawi, Ms. Mayada Khalil, Ms. Sana‟ Zitani, and Ms. Hanadeh Zahlout have been
violated. The Special Rapporteur urgently calls on the Government of Syria to guarantee the
physical and mental integrity of all identified individuals. Furthermore, the Special
Rapporteur urgently calls on the Government to undertake a prompt and impartial
investigation of alleged acts of torture, including prosecution and punishment of the
perpetrators, and to provide appropriate and adequate redress. Additionally, the Special
Rapporteur urges the Government of Syria to abolish the practice of incommunicado and
unacknowledged detention.
(d)
JAL 28/06/2012 Case No. SYR 6/2012 State reply: None to date Alleged excessive use
of force, torture, and extrajudicial killing by military personnel.
133. The Special Rapporteur regrets that the Government of Syria has not responded to this
communication, thereby failing to cooperate with the mandate established by the Human
Rights Council. The communication referred to the death of Syrian opposition activist Mr.
Aladdin Al Doori, who was allegedly shot and tortured by Syrian military personnel. The
Special Rapporteur reiterates that paragraph 1 of Human Rights Council Resolution 16/23
“[c]ondemns 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.” Furthermore, under the Basic Principles on
the Use of Force and Firearms by Law Enforcement Officials, use of force and firearms may
only be used as a last resort and in proportion to a credible threat. In light of the fact that no
evidence has been provided to the contrary, the Special Rapporteur finds that the rights of
Mr. Aladdin Al Doori under the Convention against Torture have been violated. The Special
Rapporteur calls on the Government of Syria to ensure a prompt and impartial investigation
of the alleged violations, leading to prosecution and punishment of the perpetrators, and the
provision of redress and compensation to the victim‟s family.
(e)
JUA 21/09/2012 Case No. SYR 8/2012 State reply: None to date Alleged arrest,
incommunicado detention and enforced disappearance by Syrian security forces.
134. The Special Rapporteur regrets that the Government of Syria has not responded to this
communication, thereby failing to cooperate with the mandate established by the Human
Rights Council. The communication referred to the alleged arbitrary arrest, incommunicado
detention, and enforced disappearance of Mr. Bassel Khartabil, a Palestinian who was born
74
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