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
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