A/HRC/19/61/Add.4 Rapporteur calls on the Government to ensure the accountability of those responsible and to provide full redress to the victims, including fair and adequate compensation, and as full rehabilitation as possible. (d) JAL 29/06/2011 Case No. SYR 6/2011 State reply: 25/10/2011 Alleged arrest and detention of human rights activists following peaceful protests. 151. The Special Rapporteur thanks the Government of the Syrian Arab Republic for its response to the communication dated 29 June 2011 regarding the arrest, the alleged incommunicado detention and ill-treatment of 13 human rights activists from the Assyrian Democratic Organization (ADO). According to the information received, all 13 persons were detained for a total of six days incommunicado at the Political Security branch of AlHasakah and some of them were allegedly brutally beaten and insulted by State security‟s agents. The Special Rapporteur thanks the Government for its explanation of the legal grounds and the administrative and judicial proceedings regarding this case. However, the Special Rapporteur would like to reiterate paragraph 8(b) of Human Rights Council Resolution 16/23, which states that “[p]rolonged 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.” The Special Rapporteur would also like to draw the attention of the Government to 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 to article 7, which requires State parties to prosecute suspected perpetrators of torture. The Special Rapporteur acknowledges that on 31 May 2011 a Legislative Decree No. 61 was issued, granting a general amnesty for a number of offences including those allegedly committed by the persons concerned. He also notes that according to the Government none of the persons concerned were beaten or abused in any way and not detained in solitary confinement. However, The Special Rapporteur regrets that the Government‟s response neglected to indicate whether an investigation has been conducted into the allegation of ill-treatment or not. The Special Rapporteur therefore calls on the Government of the Syrian Arab Republic to investigate, prosecute and punish all cases of ill-treatment and to provide the result of any investigation, medical examination, and judicial or other inquiries which may have been carried out in relation to this case. The Special Rapporteur encourages the Government to continue its engagement with the Mandate. (e) JUA 03/08/2011 Case No. SYR 8/2011 State reply: None to date Alleged arrests and possible enforced disappearances in the context of the demonstrations that have been taking place in the Syrian Arab Republic since 15 March 2011. 152. The Special Rapporteur regrets that the Government of Syrian Arab Republic has not responded to the communication dated 3 August 2011, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the alleged arrest and secret detention of three brothers: Mr. Bashar Al Sahyoni, Mr. Mohamed Al Sahyoni, and Mr. Ghassan Al Sahyoni, following their active participation in demonstrations in the area of Banias. In this regard, the Special Rapporteur would like to draw the attention of the Government to paragraph 7(b) and paragraph 8(b) of Human Rights Council Resolution 16/23; to 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 to article 7, which requires State parties to prosecute suspected perpetrators of torture. In light of the fact that no evidence has been provided to the contrary, the Special Rapporteur expresses his conviction that the rights of Messrs. Al Shahyoni under the UN Convention against Torture have been violated. The Special Rapporteur urges the Government to cease the practice of secret detention; calls on the Government to undertake a prompt and 67

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