A/HRC/22/53/Add.4
and raised in the Syrian Arab Republic. Mr. Khartabil was allegedly arrested by Syrian
security forces of the Kafr Sousseh Military Intelligence Branch in Damascus, detained
incommunicado in an unknown location without access to a lawyer, and was reportedly
tortured and ill-treated. The Special Rapporteur reiterates that paragraph l of Human Rights
Council Resolution 16/23 “Condemns all forms of torture and other cruel, inhuman or
degrading treatment or punishment, including through intimidation, 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 also
reiterates that under paragraph 7.c of Human Rights Council Resolution 8/8 of 18 June 2008,
“Prolonged incommunicado detention or detention in secret places may 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.” Based on the allegations, the
Special Rapporteur finds that the rights of Mr. Khartabil have been violated. The Special
Rapporteur calls on the Government of Syria to promptly and impartially investigate the
alleged violations, leading to prosecution and punishment of the perpetrators, and the
provision of redress, compensation and rehabilitation to the victim.
(f)
JUA 2/11/2012 Case No. SYR 9/2012 State reply: None to date Alleged arrest,
incommunicado detention, torture, and killing of Syrian citizens.
135. 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 arrest, incommunicado detention,
torture, and killing of Syrian citizens by the Syrian government. The alleged victims,
including those currently being held incommunicado and those who are deceased, are Mr.
Shepal Ibrahim, Mr. Maher Fawzi al-Hamoud, Ms. Fatma Saad, Mr. Osama al-Habaliy, Mr.
Salah al-Shogre, Ms. Zilal Ibrahim al-Salhani, Mr. Badr Ka‟ake, Mr. Yahia Ka‟ake, Mr.
Ahmad Ka‟ake, Mr. Abd al-Ghani Ka‟ake, Mr. Khalil Matouk, Mr. Mohammed Thatha, Mr.
Omar Mohammed Mamoun Arnous, Ms. Maya Aljokhdar, and Abdulrahman Omar Arnous.
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, paragraph 8(b) of Human
Rights Council Resolution 16/23 of 12 April 2011 asserts 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, 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.” Based on the fact that no evidence has been provided to the contrary, the Special
Rapporteur finds that the rights of the victims named above 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 violations, leading to prosecution and
punishment of the perpetrators, and the provision of redress, compensation and rehabilitation
to all victims and their families.
(g)
JUA 23/11/2012 Case No. SYR 11/2012 State reply: None to date: Alleged arbitrary
detention and torture of a Syrian humanitarian volunteer.
136. 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
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