A/HRC/19/61/Add.4
Government to ensure the physical and mental integrity of all detainees and 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, he urges the Government to abolish the practice of incommunicado detention.
(b) JUA 26/05/2011 Case No. SYR 5/2011 State reply: None to date Alleged detentions and
possible enforced disappearances in connection with demonstrations.
149. The Special Rapporteur regrets that the Government of the Syrian Arab Republic
has not responded to this communication, thereby failing to cooperate with the mandate
issued by the Human Rights Council. The communication referred to the reported torture
and forced disappearance of Mr. Mohammed Hasan al-Labwani, as well as possible torture
during the detention of Mr. Najati Tayara and Mr. Mazen Adi; incommunicado detention of
Mr. Mohamed Yassin Al-Hamwi and Mr. Amjad Baiazy; and alleged enforced
disappearance of Mr. Wael Al-Hamada, Mr. Abdel Rahman Al-Hamada, Mr. Hassan Abd
al-Adhim, Mr. Omar Qashaash, and Mr. Yasser Al-Khayyat in connection with
demonstrations. Without any evidence to the contrary, the Special Rapporteur determines
that the rights of Mr. Mohammed Hasan al-Labwani and the other Syrian nationals under
the UN Convention against Torture have been violated, and calls on the Government to
investigate, prosecute, and punish all cases of torture, providing full redress to the victims,
including fair and adequate compensation, and as full rehabilitation as possible.
(c) JUA 17/06/2011 Case No. SYR 7/2011 State reply: None to date Alleged killings of
protesters, excessive use of force and denial of life-saving medical treatment.
150. The Special Rapporteur regrets that the Government of Syrian Arab Republic has
failed to cooperate with the mandate established by the Human Rights Council through its
lack of reply to the communication dated 17 June 2011. The communication, among other
allegations, referred to the excessive use of force by Syrian security forces against peaceful
protesters resulting in several hundred deaths; the alleged denial of access to life-saving
medical assistance to wounded protesters, namely Mr. Moataz Bellah Shaar and Mr. Gassan
Khalifa; the alleged abduction and secret detention of a large number of injured protesters;
the alleged torture of a large number of detainees including children; and at least the alleged
rape of one male detainee. The Special Rapporteur reiterates paragraph 1 of Human Rights
Council Resolution 16/23 which “[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.” The Special
Rapporteur would like to draw the attention of the Government to paragraph 7(a) of
Resolution 8/8 of the Human Rights Council which reminds the Governments that corporal
punishment, including of children, can amount to cruel, inhuman or degrading punishment
or even to torture. The Special Rapporteur refers to the mandate‟s report to the Human
Rights Council (A/HRC/7/3, para. 69), in which he stressed that “rape and other serious
acts of sexual violence by officials in contexts of detention or control not only amount to
torture or ill-treatment, but also constitute a particular egregious form of it, due to the
stigmatization they carry”. The Special Rapporteur urges the Government to recall article
12 of the UN 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 UN Convention against
Torture, 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
determines that there have been various and extremely serious violations of rights of
victims and urges the Government to undertake prompt and impartial investigation of all
cases of alleged torture, secret detention, and denial of access to medicine. The Special
66
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents