About the Center

The Violations Documentation Center in Syria is an independent, non-governmental and non- profit Syrian organization. The center was established in April 2011 as one of the projects of the Syrian Center for Media and Freedom of Expression SCM. The Center monitors and documents hu- man rights violations in Syria and simultaneously contributes to the promotion and dissemina- tion of human rights culture and concepts in the country. The Center is led by a number of activists from inside and outside Syria (approximately thirty activists), most of whom are located in Syria in various governorates, cities and towns. Irre- spective of the identity of the perpetrator or the victim, the Center’s activists monitor and document violations from all parties to the conflict, such as the names of victims, detainees, missing persons and abductees in Syria.

2 The Contents

- Executive summary.

- Introduction.

- Research Methodology.

- Chapter One: Legal Introduction.

* Section one: The Right to a Fair Trial.

* Section Two: The Legal Nature of Conflict in Syria.

* Section Three: The Principle of Universal Jurisdiction.

- Chapter Two: The Legal Framework of the Violations.

* Section One: Enforced disappearance, Arbitrary Detention, Torture, and Extrajudicial Ex-

ecution in International Law.

- Topic one: Enforced Disappearance.

Enforced Disappearance in International Law.

- Topic Two: Kidnapping.

- Topic Three: Arbitrary Detention.

Arbitrary Detention in International Law

- Topic Four: Torture.

- Topic Five: Extrajudicial Execution.

* Section Two: Enforced disappearance, Arbitrary Detention, Torture, and Extrajudicial Ex-

ecution in Syrian Legislations..

- Topic One: The Constitution of the Syrian Arab Republic.

- Topic Two: The Syrian Penal Code.

- Chapter Three: The Most Prominent Developments in the File of detainees During the

first half of 2020

*Section One: The Most Prominent Developments in the File of Detainees Inside Syria.

- Topic One: In Areas Controlled by the Syrian Government.

Syrian government forces detained dozens of schoolchildren.

3 Arrests of displaced persons returning to their areas.

Raids and arrests of civilians in the western countryside of Daraa

Arrests of the peaceful activists in Sweida province.

Kidnappings continue in Daraa and Sweida governorates.

The Syrian government releases 49 detainees and arrestees from Daraa governorate.

The Russian forces establish a Complaint Center in Daraa Governorate.

Incidents of kidnapping and field executions of civilians in the eastern countryside of

Hama.

Cases of extrajudicial killings.

The Conditions of incarceration and the emerging coronavirus.

- Topic Two: In Areas Beyond Syrian Government Control.

In armed opposition-held areas.

Arrests and kidnappings of humanitarian activists.

Women were found detained by the Hamza Division of the Syrian National Army.

Members of the Syrian National Army have arrested a displaced family.

Persistence of cases of killing and torture.

In areas of Autonomous Administration.

Arrests of humanitarian workers in the Raqqa governorate by the Syrian Democratic

Forces

The Syrian Democratic Force Concentration Camps.

- Topic Three: Amnesty Laws Issued by the Parties to the Conflict.

Pardon Decree No. 6 awaiting implementation.

The Syrian Interim Government issues general amnesty.

The Syrian Salvation Government issues a general amnesty decree.

The Autonomous Administration issues a general amnesty.

* Section Two: The Most Prominent Developments in the File of Detainees Outside Syria.

- Topic One: Trials in European courts of alleged Perpetrators of violations.

4 Official Spokesman of Jaysh al-Islam (The Islam Army) is in the Grip of Justice.

The Trial of a Former Syrian Officer in Germany for Crimes against Humanity.

- Topic Two: Documented Detentions of Syrian Citizens Outside Syria.

Detentions of Refugees in Europe.

The file of Detainees on the Sidelines of Geneva Peace Talks.

The File of Detainees on the Sidelines of Astana Peace Talks.

- Recommendations.

- To the Syrian Government.

- To The Syrian opposition.

- To the National Army - Ministry of Defense of the Interim Government.

- To the Autonomous Administration of North and East Syria.

- To the United Nations.

- To the International Community.

- To the Syrian Constitutional Committee.

- To the Civil Society.

- To the Institutions and Legal Bodies.

- The Civil Society Organizations.

- Regarding Transitional Justice.

5 Executive summary The VDC has obtained dozens of documents indicating the deaths of detainees in detention centers and Syrian security facilities. The documents include the detainee’s date of death, rendering that the death was of natural causes, and is certified with the seal of the internal security forces of the Syrian Ministry of the Interior.

The VDC documented the deaths of 99 detained persons undergoing torture in Syrian governmental prisons from the beginning of the year to June of 2020. Official Syrian departments did not provide the families of those tortured to death any information explaining the conditions surrounding the deaths of their relatives.

The Syrian authorities barred the relatives of those who were tortured to death as well as those who were able to receive the bodies - of which there were very few - from holding any funeral or memorial services, and burials were limited to first-degree relatives.

The VDC team documented dozens of arrests by Syrian security forces in the governorates of Da- mascus, Sweida, Daraa. These arrests also included the arrest of previously released persons. The VDC team also recorded dozens of child arrests in the south of Damascus carried out by Syrian security forces.

The VDC reporters have documented dozens of violations in the areas beyond the Syrian government control in Idlib, Raqqa, and the countryside of Aleppo. These violations included “arbitrary arrest, ab- duction, and enforced disappearance” by the armed opposition and radical factions as well as arbitrary arrest cases by Qasad/The Syrian Democratic Forces (SDF) against activists and humanitarian workers

Foreign armed groups allied with the Syrian government have carried out informal, on-site execu- tions of civilians who had been kidnapped for hours in the eastern countryside of Hama.

On 29 January 2020, Magdi Nehme, alias Islam Alloush, spokesman and a senior official of Jaysh al-Islam, was arrested in France on charges of participating in war crimes during the armed faction’s control of areas in rural Damascus. This arrest is under the principle of universal jurisdiction, which allows the national judiciary in the countries that have included it in its legislation to prosecute perpe- trators of war crimes and crimes against humanity regardless of their nationality or of where the crime was committed.

The trial of former officer Anwar R., the head of the investigation section of the internal branch /251/ affiliated with the General Intelligence Directorate in Syria, and the member Iyad.G. who worked in the same branch, began in the German city of Koblenz on Thursday, 23 April 2020 on the charges brought against them for crimes against humanity, such as torture and torture resulting in death.

6 The VDC has recorded arrests by Cypriot authorities in the Greek section at the Manoya security center against an estimate of ten Syrian asylum seekers. Introduction Over the past nine years, parties in conflict have practiced various forms of violations on a large scale. Violations such as arbitrary detentions, enforced disappearances, and other violations that have impacted individual freedoms and threatened their safety. This further included violating people’s rights, that were accompanied mostly by uses of torture and other forms of punishments, along with cruel, inhuman and degrading treatments. These, at times, have even led to illegal trials. Moreover, death sentences have increased over these years that have threatened lives of thousands of disappeared people in detention centers and hidden prisons. People whose fate is still a mystery to public.

Whereas, instead of directing efforts in pursuit of justice and holding perpetrators accountable, parties in conflict continue on their adherence to the policies of abduction, disappearing people and arbitrary detentions as their major method to hide their crimes and to perpetuate a culture of impunity. Despite ending the state of emergency in the Decree No. 161 of the year 2011, the Syrian government still continues on its detention policies on a large scale without resorting to any form of protection or judicial oversight. Most of the arrest cases occur as cases of enforced disappearances at the hands of the security forces where no notification to the families of the de- tainees about their conditions or place of detention. Similarly, the armed opposition factions and the forces affiliated with the Autonomous Administration and the extremist organizations have all enacted similar policies that violate basic human rights such as the rights to life, liberty, physical integrity, and a fair trial.

This periodic semi-annual report attempts to cover the circumstances and developments that oc- curred in the detainees’ cases during the first half of the current year. It documents cases of arbi- trary detention and enforced disappearance and their conditions. The report also covers the prac- tices of torture, inhuman treatment and other violations committed by these parties in conflict. At the same time, it further tries to identify the persons and parties responsible for these violations that have amounted to 1275 arrests during the first half of the current year and 115 abductions by the parties in conflict.

The report follows the extrajudicial and summary executions, and murders that appear to be be- yond doubt that they were committed intentionally, and the acts of murder have occurred with criminal intents, in a manner that cannot be justified by any security necessity. These also include the death cases at different detention centers due to torture or to the government’s deliberate health neglect or the forces and groups loyal to the government, all around Syria. These deaths increased notably during the period covered by the report.

In addition to reviewing the developments in the file of detainees inside and outside Syria, the report includes a theoretical section that defines the concepts of; the right to a fair trial, the legal description of the conflict, and the principle of universal jurisdiction. These provide a general the- oretical framework for the conducted violations that have been defined in the legal texts in Inter- national Humanitarian Law, and the constitution and national penal legislation.

7 The report concludes with a number of recommendations to the Syrian government, the Syrian opposition, the international community and the United Nations to immediately deal with ending these violations, and for the future to ensure that they do not recur. Research Methodology In order to collect and analyse data, the study utilizes a descriptive statistical approach. The data was validated through various sources. The results were analysed and then audited by the moni- toring team at the VDC that worked on documenting violations in Syria during the first half of the current year.

The VDC adopts advanced technologies for archiving and analysing data that is collected by the monitoring team through communication with families, witnesses, and survivors, and from third sources. The VDC adopts a special methodology for documenting violations that consists of three phases: The first phase: is the initial verification of data that is collected by the monitoring team at the center and the distributor in the various regions. All information is recorded and sent to the man- agement team of the electronic documentation program.

The second phase: includes completing the information and ensuring that it is not repeated on the first day when the violation occurred or during the next few days. In the same manner, information about the circumstances surrounding the violation or any other relevant details are also collected by the team that is supervising the electronic documentation program.

The third phase: is validating the collected data by inquiring about it from independent assistants in the regions to ensure that it is free of errors, and also to complete what is missing in the data as soon as something comes at hand, such as a picture, video, name of occupation, mother’s name, age ... etc. This stage is followed by a comprehensive examination of the lists collected and com- pared with the data at the center, all in order to reach the nearest point of ensuring the occurrence of the violation and the party that committed it.

Using these three phases beside data oversight and constant update, we attempt to build a com- prehensive national database that allows for analysing violations, observe recurrent patterns and techniques of their occurrence, and identify violators in order to hold them accountable.

This effort has faced various challenges, and these challenges were mainly at two levels; Firstly, the difficulty in obtaining data and verifying its authenticity due to the multiplicity of vi- olations in the same incident. For example, if the victim was killed repressively due to torture or the detention turned into enforced disappearance. These require documenting several violations committed against the victim, it also requires following up on and monitoring the escalation of the situation.

As for the fear that the detainees’ relatives have in terms of disclosing any information. They fear if they disclose any information about the detainee even in secret, it could lead to retributions against them or the detainee. Or if they go public with the news, their detained relative could be tortured further. There is even an increasing difficulty in documenting female detainees. This is because their relatives try to conceal the matter in order to protect the “feminine reputation” of the detainee and to protect her from how society views her.

8 Secondly, the extremely complex field situation poses very difficult challenges for documentation processes as well. In a relatively limited geographical area, there are many entities that have com- mitted violations. These include, on the one hand, the Syrian government security forces, mem- bers of the armed forces, and foreign militias. On the other hand, in areas outside of the control of government forces there are extremist organizations, various armed opposition factions and the Syrian Democratic Forces. Alongside these, there are criminal bands that are criminally motivated -to commit violations all throughout Syria. ِAll that mentioned compounds the difficulty of docu mentation. Chapter One: Legal Introduction Section One: The Right to a Fair Trial. The report surveys a number of human rights violations committed by the parties to the conflict, such as violations against the right to life, liberty, the right to personal security and humane treat- ment. Among those includes, freedom from torture, the right to a fair trial, the right to legal advice, and equal protection under the law. Here we will provide a detailed analysis of the right to a fair trial because it is fully linked to the principle of the rule of law, and it constitutes obvious protection against various official arbitrariness or abuse of power.

The right to a fair trial is the cornerstone of an effective protection of rights and freedoms, that includes the basic right to judicial and legal protection. Fair trial necessitates the accused to be prosecuted regarding the accusation levelled against him before an independent and impartial tribunal established by the rule of law, through which he can defend himself and be able to appeal the judgment issued against him, whether by ordinary or other methods depending on the case. The right to a fair trial right is divided into several rights that constitute guarantees for the accused in the various stages of litigation.

This process must be adhered to at all the stages of the legal proceedings; the preliminary inves- tigation, interrogation before the Public Prosecution, investigation, accusation, and subsequent stages of the trial including appealing against the judgment or judicial decision until it is fully im- plemented.

The requirements for a fair trial are listed in Articles 7, 8, 9, 10, 11 of the Universal Declaration of Human Rights, as well as in the International Covenant on Civil and Political Rights, which is more explicit in defining fair trial standards. especially in Articles 9, 14, 15. Article 9 stipulates the right to liberty and security of person, and confirms the No one shall be subjected to arbitrary arrest or detention and Anyone who is arrested shall be informed of the reasons for his arrest and shall be brought promptly before a court. It also provides that anyone who is deprived of his liberty shall be entitled to take proceedings before a court, the court should decide without delay on the lawful- ness of his detention and order his release if the detention is not lawful. Furthermore, Article 14 states: “everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law”

The International Humanitarian Law and Human Rights Law include a series of judicial guarantees aimed at ensuring access to a fair trial to the accused, i.e. the verdict should be issued by an in- dependent and impartial tribunal established by law. Pursuant to common Article 3 of the Geneva Conventions, only a “regularly constituted court” may pass judgment on an accused person.

9 The most important mandatory criteria for attaining a fair trial is the right to not be subjected to arbitrary arrest or detention in any manner and in any situation. It is absolutely impermissible to deprive anyone of their freedoms except for lawful reasons and according to the conditions and the manners stipulated by law. Arbitrariness is not only limited to acts in violation of the law, but it extends to include inappropriateness, injustice, cruelty, lack of predictability and due process of law. In short, all that affects human dignity in any manner. Moreover, it extends to further include the right to investigate allegations of torture and refraining from invoking statements, and con- fessions extracted under torture. To not rely on these statements and confessions as evidence and conviction against the accused.

The right to a fair trial also highlights the standards of publicity in trials. This constitutes one of the fundamental principles of criminal trials, and a strong guarantee for the maintenance of rights, law enforcement and justice. The purpose of publicity is that the court holds its sessions in a place that any member of society can attend the trial procedures and view them without restrictions or conditions. Except if required to maintain order in the session. It is imperative to allow the publica- tion of the trial proceedings by means of known publishing methods, with narrow exceptions that include respecting the private lives of the parties to the case.

Among the requirements of a fair trial is the additional guarantees that are approved by Interna- tional Law for death sentences. They include the right to life which is the fundamental right upon which the entire group of rights and freedoms is based. According to Article 9 of the International Covenant on Civil and Political Rights, a death sentence can only be applied by virtue of a final rul- ing, and any individual sentenced to death has the right to seek a pardon or commutation of their sentence. As the death sentence may not be decided except when the judgment of the accused is based on clear and convincingly conclusive evidence that leaves no room for other interpretations of the facts of the accusation. Section Two: The Legal Nature of Conflict in Syria. A legal adaptation of the armed conflict in Syria is necessary. A legal adaptation helps to clarify a path for justice, to bring about justice for the victims of these conflicts, and to hold the perpetra- tors of the violations accountable. It will also help in identifying the aspects of the legitimacy of the various foreign interventions, and upon which the responsibilities and claims for compensating the victims will be determined in the future. There is also a need for engendering the principle of responsibility of protection which is the responsibility of all parties. Regardless of whether the nature of this conflict is international or non-international, it is the responsibility of the parties participating in it to strictly adhere to the rules of International Humanitarian Law which do not require or prescribe reciprocity. In a manner that the parties participating in hostilities must abide by these rules, whether the other side abided by them or not.

As armed conflicts in Syria continues and serious violations against human rights and the prin- ciples of International Humanitarian Law expands, that is along with the failure of international mechanisms to find a settlement to the conflict, the International Committee of the Red Cross (ICRC) on 16 July 2012 declared that the conflict in the country had entered a Non-International Armed Conflict stage. The rules of Customary International Humanitarian Law apply on a Non-In- ternational Armed Conflict. These rules have a mandatory character in the face of all parties to a conflict and impose restrictions on the conduct of hostilities.

10 Later on, a current emerged in international legal jurisprudence calling for the Syrian conflict to be considered of a special legal nature. They placed the conflict within the category of Internation- alized Armed Conflicts that are originally internal conflicts among internal parties. However, un- der certain circumstances, these conflicts become international if there was one or more external armed interference whether overtly or covertly. The interference could be to support one of the parties to the conflict or more with the aim of influencing the outcome of this conflict and attaining certain interests.

In April 2017, after the US missile strikes on the Shayrat Airbase in the eastern countryside of Homs, the ICRC settled the controversy and described the situation in Syria as an International Armed Conflict (IAC). The ICRC considered that any military operation of a State on the territory of another country without its consent amounts to an International Armed Conflict. This, according to the common Article 2 of the four Geneva Conventions, is “to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them”.

Accordingly, the International Humanitarian Law including the four Geneva Conventions and their additional protocols should be applied, in addition to the series of conventions and treaties cover- ing specific aspects, and rules of Customary International Humanitarian Law. All throughout Syr- ian from the initiation of the conflict until its end. This was indicted by the International Criminal Tribunal for the Former Yugoslavia:”an armed conflict exists whenever there is a resort to armed force between States or protracted armed violence between governmental authorities and orga- nized armed groups or between such groups within a State. International humanitarian law applies from the initiation of such armed conflicts and extends beyond the cessation of hostilities until a general conclusion of peace is reached; or, in the case of internal conflicts, a peaceful settlement is achieved.”1

Section Three: The Principle of Universal Jurisdiction. The principle of universal jurisdiction is based on a well-established rule in International Law, which is the principle of “collective commitment”. This grants a legal interest for any State to exer- cise jurisdiction over those suspected of committing crimes against humanity. In other words, it is the right of every State to pursue and punish the perpetrators of international crimes that not only affect the victim but humanity as a whole.

In its Resolution No. 3074 of 1973, the United Nations General Assembly adopted principles of international cooperation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity. In the resolution, it was provided that all States have an expanded obligation for cooperating with each other in order to present those responsible for committing crimes against humanity - Including torture - to justice, wherever these crimes are committed.

1 ICTY, The Prosecutor v. Dusko Tadic, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, IT-94-1-A, 2 October 1995, para. 70.

11 The principle of universal jurisdiction lies at the heart of International Humanitarian Law, as the four Geneva Conventions and the First Additional Protocol contain clear provisions on the judi- cial obligation of States. It represents a process of looking for suspects who have committed or planned or gave orders to commit violations. In order to bring them before the national courts of the State as soon as it becomes aware of their presence within its territory, regardless of their nationalities and the location of the crime.

The absence of international consensus to initiate accountability for perpetrators of grave vio- lations in Syria, and the impossibility of any form of accountability within the national judiciary, calls for the implementation of the principle of universal jurisdiction. Enacting this principle allows investigations into violations and prosecution of perpetrators before the courts of countries that have introduced the principles into their national legislation, such as Sweden, France and Germany. France: Article 689-1 of the French Code of Criminal procedure provides that “persons guilty of committing any of the offences under the international conventions listed in the subsequent para- graphs, whatever their nationality, if they are present in France, can be prosecuted and tried by French courts.”

Germany: Article 6, Paragraphs 1 and 6 of the German Criminal Code allow for the prosecution of perpetrators of international crimes contained in the international agreements binding on Germa- ny. In June 2002, Germany strengthened the exercise of universal jurisdiction by adopting The Ger- man Code of Crimes against International Law. This law introduced all war crimes, crimes against humanity, and the crime of genocide to German legislation. It also gives jurisdiction to the German court to prosecute the perpetrators of these crimes regardless of their nationality or the place and date of the crimes.2 Chapter Two: The Legal Framework of the Violations Section One: Enforced disappearance, Arbitrary Detention, Torture, and Extrajudicial Execution in International Law. Topic one: Enforced Disappearance. - The Definition of Enforced disappearance: Enforced disappearance is the act of disappearing an individual against their will. It includes the arbitrary abduction and detention of civilians, during a period of conflict or dictatorship. Following the abduction, the disappeared is deprived of legal protection, and their family and relatives de- nied information on their fate. The enforced disappearances can occur at the earliest stages of the detention, or later on.

Article 2 of The International Convention for the Protection of All Persons from Enforced Disap- pearance defined the enforced disappearance as “the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.”

2 International Committee of the Red Cross, The scope and application of the principle of universal jurisdiction,https://www.icrc.org/en/doc/ resources/documents/statement/2012/united-nations-universal-jurisdiction-statement-2012-10-18.htm

12 Although this definition limits enforced disappearance to that practiced by the State or its affil- iated groups. However, in the Syrian case, the de facto authority has the responsibilities of the government, as it is the case with ISIS, Al-Nusra, the Autonomous Administration forces and the different armed opposition factions, which all have practiced different forms of arrests some of which took the form of enforced disappearance.

Rome Statute of the International Criminal Court defines enforced disappearance as “the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.” According to the Statute, the crime of enforced disappearance amounts to a crime against humanity when it is committed as part of a widespread or systematic attack directed against any civilian population.

According to the United Nations Declaration on the Protection of All Persons from Enforced Dis- appearance of 1992, Any act of enforced disappearance is an offence to human dignity. It is con- demned as a denial of the purposes of the Charter of the United Nations and as a grave and flagrant violation of the human rights and fundamental freedoms proclaimed in the Universal Dec- laration of Human Rights. The Inter-American Convention on Forced Disappearance of Persons also considers the forced disappearance of persons in an affront to the conscience and a grave and abominable offense against the inherent dignity of the human being.

Enforced disappearance violates Article 9 of The Universal Declaration of Human Rights which provides that “No one shall be subjected to arbitrary arrest, detention or exile.” as well as Article 9 of The International Covenant on Civil and Political Rights which states that “Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.”

Enforced disappearance includes a number of violations of human rights, such as the right to free- dom, the right to personal security, the right to humane treatment including freedom from tor- ture, as well as the right to a fair trial, legal advice, equal protection under the law, the right to presumption of innocence, and others. Enforced disappearance also violates numerous economic, social and cultural rights of the disappeared person and his family. This is recognized by Article 24 of the International Convention for the Protection of All Persons from Enforced Disappearance. It states that “victim” means the disappeared person and any individual who has suffered harm as the direct result of an enforced disappearance.”. Furthermore, Enforced disappearance constitutes a violation of the right to the truth stipulated in the Additional Protocol (I) to the Geneva Conven- tions. This right is mentioned in Article 32 as a general principle “the activities of the High Con- tracting Parties, of the Parties to the conflict and of the international humanitarian organizations mentioned in the Conventions and in this Protocol shall be prompted mainly by the right of families to know the fate of their relatives.”

In most cases, enforced disappearances end in death due to torture then the bodies are hidden and buried in mass graves. This matter constitutes a violation of the established rules in international law which is to avoid violating the sanctity of the dead, and to return their bodies to their families. In accordance with rules no. 114, 115 and 116 of the customary law introduced by the ICRC, in addition to the two Additional Protocols to the Geneva Conventions.

13 - Enforced Disappearance in International Law: In addition to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Rules of International Humanitarian Law and the Rome Statute of the Interna- tional Criminal Court, international law has singled out the crime of enforced disappearance with special treaties and declarations.

United Nations Declaration on the Protection of All Persons from Enforced Disappearance of 1992. The Inter-American Convention on Forced Disappearance of Persons of 1994. The International Convention for the Protection of All Persons from Enforced Disappearance of 2007.

The prohibition of enforced disappearance is also a rule in customary international law that applies to both international and non-international armed conflicts. Although it is not explicitly mentioned, still, it violates a number of rules such as the prohibition of arbitrary deprivation of liberty (Rule 99), the prohibition of torture and any cruel or degrading treatment (Rule 90), and the prohibition of murder (Rule 89).

Regarding the obligation to search for the forcibly disappeared, The UN Security Council adopted Resolution No. 2474 of June 2019 on Persons Reported Missing during Armed Conflict, calling upon parties to armed conflict to take all appropriate measures, to actively search for persons re- ported missing, to enable the return of their remains and to account for persons reported missing “without adverse distinction”.

Principle 7 of the Guiding Principles on Searching for Disappeared Persons, adopted by the Com- mittee on Enforced Disappearances in April 2019, emphasizes the ongoing nature of the obligation to search for disappeared persons. The principle affirms that “The search for a disappeared person should continue until his or her fate and/or whereabouts have been determined with certainty.”. The search ends only if the disappeared is found alive, or if his death is confirmed and his body has been handed over to his or her family members or relatives in a dignified manner.

- Civil Sanctions (Reparation): Victims of enforced disappearance have the right to reparation, this affirmed by the rules of In- ternational Law. Even though restitution is not possible in the enforced disappearances cases, i.e. the possibility of returning the disappeared and his family to the situation that existed before the disappearance, other forms of reparation should be provided including monetary compensation. However, even if material compensation can be estimated, still, it is impossible to measure the psychological damage suffered by the victim and all those around them. Article 24 of the Interna- tional Convention for the Protection of All Persons from Enforced Disappearance stipulates “Each State Party shall ensure in its legal system that the victims of enforced disappearance have the right to obtain reparation and prompt, fair and adequate compensation.” It also provides several forms of reparation including, but not limited to: restitution; rehabilitation; satisfaction including restoration of dignity and reputation; guarantees of non-repetition.

Further, there should be no neglect in the obligation to continue on the investigations until the fate of the disappeared person comes to light. Each State Party shall take appropriate measures regarding the legal status of disappeared persons whose fate has not been clarified, as well as of their relatives. Especially in fields such as social welfare, financial matters, family law and property rights.

14 Topic Two: Kidnapping. Crimes of kidnapping appear to be intertwined with enforced disappearance. The two legal terms are often confused because of the similarity or even the identicality of the material element of the two crimes on the one hand, and for targeting the same rights and freedoms on the other. To further explain, kidnapping constitutes a violation of the Universal Declaration of Human Rights, namely, Article 3 which provides that everyone has the right to personal security, Article 5 prohib- its torture and ill-treatment, Article 12 protects private and family life, and Article 13 protects the freedom of movement. It also violates the articles of the International Covenant on Civil and Politi- cal Rights, in which Article 6 stipulates the right to life and personal safety, and Article 10 prohibits the violation of the freedoms of persons.

The overlap between the two terms does not mean that they are identical since domestic law con- siders the crime of kidnapping as the criminal equivalent of an enforced disappearance crime that is politically motivated and executed by state agencies or political organizations. However, accord- ing to international law, the crime of kidnapping has been defined as the crime of hostage-taking that stipulated in United Nations Resolution 103/31 of 1976. This resolution considered kidnap- ping hostages a crime that threatens a human being and threatens their dignity. It is also consid- ered a crime in the provisions of the International Convention against the Taking of Hostages. This convention was adopted in 1979 and implemented in 1983, and its provisions apply in times of war and peace. Topic Three: Arbitrary Detention. - The Definition of Arbitrary Detention: Unlike Enforced Disappearance, in which each act constituting it is committed outside the scope of the law, and with absolute disregard to law requirements, Arbitrary Detention is often practiced within the framework of the law, and the violations occur against some or all of its requirements. In most cases in Syria, Arbitrary Detention has been carried out primarily through violation of con- stitutional principles and criminal trial procedures. Since the 1960s of the last century, by using a systematic policy, the practice of arbitrary detention has in fact been taking place. It has been done by granting the security forces and the judicial police absolute powers. They target the judiciary and its independence in order to limit its mission to mere legalizations or to record the violations of the executive authority against citizens.

International Law defines arbitrary detention as “the arrest and deprivation of liberty of a person outside of the confines of recognized laws” or “being detained for no legitimate reason or without legal process” as defined by Amnesty International. Whereas, the United Nations Working Group on Arbitrary Detention defines it as “an arrest that violates the provisions of human rights when it is clearly impossible to invoke any legal basis justifying it. As a result of which, the detained person is deprived of the exercise of the rights or freedoms guaranteed under human rights conventions”.

15 The detention or the arrest is considered to be arbitrary when it occurs in the absence of any legal justification for deprivation of liberty. The absence of justification here may be prior to the act of arrest or later when the person is kept under arrest after the end of the sentence imposed. The deprivation of liberty is also considered arbitrary if the authorities apply it as a penalty for exer- cising one of the internationally recognized rights or freedoms, such as the right to freedom of expression, peaceful assembly and association.In this case, the concept of arbitrary detention, ex- tends to include judicial rulings issued by special courts, such as the Counter-Terrorism Court and the Field Court in Syria and others. As every deprivation of liberty is considered arbitrary when it is marred by a complete or partial lack of respect for the right to a fair trial enshrined in the Universal Declaration of Human Rights and other international instruments.

Arbitrary detention is a clear violation of Article 9 of the Universal Declaration of Human Rights and Article 9 of the International Covenant on Civil and Political Rights. As well as Customary Laws Rule 99 which provides for the prohibition of arbitrary deprivation of liberty, and Rule 100 that affirms the right to a fair trial, and Rule 102 stipulating that no individual may be convicted of a crime except on the basis of individual criminal responsibility. Arbitrary detention is also a violation of the Fourth Geneva Convention on the Protection of Civilians in Time of War.

- Arbitrary Detention in International Law: In addition to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Rules of International Humanitarian Law and the Rome Statute of the Interna- tional Criminal Court, international law has singled out the crimes of arbitrary detention with spe- cial treaties and declarations, in addition to the legal texts on enforced disappearance and torture, due to the almost permanent organic link between these practices.

The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprison- ment, 1998.

The Standard Minimum Rules for the Treatment of Prisoners, 1957.

The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders,” The Bangkok Rules.

The United Nations rules for the Protection of Juveniles Deprived of their Liberty.

The United Nations Standard Minimum Rules for Non-custodial Measures, “The Tokyo Rules”, Criminal Justice System.

Additionally, within the framework of international efforts to combat arbitrary detention, the Working Group on Arbitrary Detention was established by resolution 1991/42 of the Commission on Human Rights. Its mandate covers: to investigate cases of deprivation of liberty imposed arbi- trarily; to seek and receive information from Governments and intergovernmental and non-gov- ernmental organizations, and receive information from the individuals concerned, their families or their representatives; to conducting field missions to track cases on the ground; to submit a detailed annual report to the Human Rights Council. (See: the team report).

16 Topic Four: Torture. - The Definition of Torture: The United Nations Convention Against Torture of 1984 states in its first article “For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has com- mitted or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”

The United Nations Declaration for the Protection from Torture in 1975, Article 1 of it stated that: “For the purpose of this Declaration, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, pun- ishing him for an act he has committed or is suspected of having committed, or intimidating him or other persons. It does not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions to the extent consistent with the Standard Minimum Rules for the Treatment of Prisoners.”

In international humanitarian law, the Geneva Conventions of 1949 and the 1977 Additional Pro- tocols contain a number of provisions that categorically prohibit cruel or inhuman treatment, and assaults on personal dignity. Torture is a serious breach of Articles 50, 51, 130 and 147 of these four conventions. According to Article 85 of the Additional Protocol I of 1977, these offenses are considered as war crimes. Moreover, in non-international armed conflicts, torture is a grave vio- lation.

The prohibition of torture as a peremptory norm (jus cogens) of international law and international humanitarian law is an absolute and non-derogable, even in exceptional cases. The reason for this is that the customary nature of the principle of prohibition of torture which is provided in Article 90 of the International Committee of Customary Law, is affirmed by the decision of the International Court of Justice in the case of Nicaragua in 1986 which gave a customary character to most of the rules of international humanitarian law. As for the customary character of the principle in the shade of international human rights law, it is evidenced by its inclusion in several regulations of the United Nations General Assembly, which confirms the existence of a “global social consensus” on this principle.

It should be noted that the Syrian Government agreed to join the International Convention against Torture in 2004. However, it refused to recognize the competence of the Committee against Tor- ture, as stipulated in Article 20 of the treaty. The article allows the committee to carry out sudden and periodic inspection of prisons, in order to ensure the commitment of State parties.

17 Five: Extrajudicial Execution. - The Definition of Extrajudicial Execution : ‘Extrajudicial execution’ or ‘extra-legal execution’ means the killings that are committed by state authorities outside the judicial or legal institution. As for the ‘summary execution’, it is a rapid deprivation of life under a sentence imposed after a summary trial that does not respect the guar- antees of a fair trial. Whereas, ‘arbitrary execution’ means intentional killing by order of the gov- ernment or through collusion with the government, or leniency or acquiescence to it without any resort to judicial or legal procedures.

Extrajudicial, summary or arbitrary executions constitute a violation to the most fundamental hu- man right; the right to life, that entail all other rights and freedoms. This has been stipulated in Article 3 of the Universal Declaration of Human Rights that “every human being has the right to life, liberty and personal security”. The Fourth Geneva Convention also prohibits the issuance of judgments or executions against civilians in times of war and armed conflict. As well as, the Third Convention and the Additional Protocol (I) stipulate that death sentences and extrajudicial execu- tions carried out against prisoners are war crimes not subject to statutory limitations.

In accordance with Article 8 of the 1998 Rome Statute, any breaches of the Geneva Conventions of 1949, deliberately denying the prisoner of their right to a fair trial, or the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly consti- tuted court, affording all judicial guarantees which are generally recognized as indispensable, are all considered a war crime.

Furthermore, the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, recommended by Economic and Social Council resolution 1989/65 of 24 May 1989 provides in items 1,19 and 20: - Exceptional circumstances including a state of war or threat of war, internal political instability or any other public emergency may not be invoked as a justification of such executions;

- An order from a superior officer or a public authority may not be invoked as a justification for extra-legal, arbitrary or summary executions. Superiors, officers or other public officials may be held responsible for acts committed by officials under their authority if they had a reasonable op- portunity to prevent such acts. In no circumstances, including a state of war, siege or other public emergency, shall blanket immunity from prosecution be granted to any person allegedly involved in extra-legal, arbitrary or summary executions;

- The families and dependents of victims of extra-legal, arbitrary or summary executions shall be entitled to fair and adequate compensation within a reasonable period of time.

18 Section Two: Enforced disappearance, Arbitrary Detention, Torture, and Extrajudicial Execution in Syrian Legislation. Topic one: The Constitution of the Syrian Arab Republic. The articles of the Syrian Constitution include a theoretical commitment to the provisions of the Universal Declaration of Human Rights, which stipulate respect for individual freedom, and the impermissibility to deprive it outside the framework of the law. Including, the right to physical integrity and refrain from infringing on it by beating, wounding, or any kind of torture. It considers preserving the sanctity of the human person in criminal procedures among the priorities of any authority, whether legislative, judicial or executive. The constitution that is currently being imple- mented has devoted an entire chapter entitled ‘the rule of law’, in which Article 5 states that the rule of law is the basis of governance in the State.

* Article 51 of The Constitution of the Syrian Arab Republic: - Punishment shall be personal, no crime or punishment without a law (nullum crimen, nulla poena sine lege). - Every defendant shall be presumed innocent until convicted by a final court ruling in a fair trial; - The right to conduct litigation and remedies, review, and the defense before the judiciary shall be protected by the law, and the State shall guarantee legal aid to those who are incapable to do so, in accordance with the law; - Any provision of the law shall prohibit the immunity of any act or administrative decision from judicial review.

* Article 53 of The Constitution of the Syrian Arab Republic: - No one may be investigated or arrested, except under an order or decision issued by the compe- tent judicial authority, or if he was arrested in the case of being caught in the act, or with intent to bring him to the judicial authorities on charges of committing a felony or misdemeanor; - No one may be tortured or treated in a humiliating manner, and the law shall define the punish- ment for those who do so; - Any person who is arrested must be informed of the reasons for his arrest and his rights, and may not be incarcerated in front of the administrative authority except by an order of the compe- tent judicial authority; - Every person sentenced by a final ruling, carried out his sentence and the ruling proved wrong shall have the right to ask the State for compensation for the damage he suffered.

* Article 54 of The Constitution of the Syrian Arab Republic: Any assault on individual freedom, on the inviolability of private life or any other rights and public freedoms guaranteed by the Constitution shall be considered a punishable crime by the law.;

19 Topic Two: The Syrian Penal Code. The Syrian Penal Code does not contain specific provisions on the crimes of arbitrary detentions and enforced disappearance. It rather criminalizes the acts committed arbitrarily by individuals in the context of detention or abduction or the acts committed by individuals assigned with an official mission, in the context of the abuse of power or in connection with the exercise of their duties. This establishes only the individual’s personal responsibility without pointing to the responsibilities of the State and its agencies. Whereas, when it comes to the crime of torture, the penal code pro- vides specifics to criminalize practices of torture and harm against citizens.

Arbitrary detention and enforced disappearance in The Syrian Penal Code: Article 357 provides that any official who detains or imprisons a person in circumstances other than those provided for by law is subject to a term of imprisonment with hard labour. Article 358 states that Any warden or guard of a prison or disciplinary or correctional facility and any official vested with their functions who admits an inmate without a court order or decision or keeps a prisoner there for longer than the stipulated term shall be subject to a penalty of from one year to three years in prison.

According to Article 555: - Anyone who deprives another of his liberty by any means whatever shall be subject to a penalty of from six months to two years in prison. - The penalty shall be reduced, in accordance with Article 241, paragraph 3, if, as an act of mercy, the perpetrator releases the abducted person within 48 hours without any other serious crime or major offence being committed; the perpetrator shall be sentenced to temporary hard labour.

This is followed by Article 556 mentioning torture as a reason, among others, for increasing the penalty: - If the period of deprivation of liberty exceeds one month. - If the person deprived of his liberty is subjected to physical or mental torture. - If the act is committed against an official during or in the course of his duties.

Article 391 provides: - Anyone who beats a person with a degree of severity is not permitted by law, in order to extract a confession to, or information about, an offence, shall be subject to a penalty of from three months to three years in prison. - If the assault results in illness or injury, the minimum penalty shall be a minimum of one year’s imprisonment.

Article 534 prescribes a life sentence of hard labour for Intentional homicide if the offender com- mitted acts of torture or cruelty against persons.

The crime of kidnapping was specifically mentioned in Decree No. 20 of 2013, which imposed se- vere penalties for this crime, as the first article of it describes the act of kidnapping as “Anyone who kidnaps a person, depriving him or her of his or her liberty, with the intention of achieving a political or material aim or with the intention of revenge or reprisal or for sectarian reasons or with the intention of demanding ransom shall be punished with hard labor for life.”

20 The Legislative Decree No. 20 increased the penalty to execution for three cases stipulated in Ar- ticle 2: a) If the crime of kidnapping resulted in the death of a person b) If the victim suffered a permanent defect c) If the perpetrator sexually assaulted the victim

Article (3) of Legislative Decree No. 20 of 2013 notes also the crime of extortion accompanying the crime of kidnapping: “The punishment referred to in Article 1 of this Legislative Decree shall be applied to any person who extorts the victim, his or spouse, children or parent in any form, whether directly or indirectly.” - Execution in Syrian Law: The Syrian legislator went against the global movement towards permanently abolishing the death penalty. The Sixth Protocol of the European Convention on Human Rights in 1983 states that “The death penalty shall be abolished. No-one shall be condemned to such penalty or exe- cuted”, while the Syrian legislator preserved the punishment using it as a penalty for many crimes such as treason, espionage for the benefit of the enemy, sedition, intentional murder or preparing for or facilitating murder, or to facilitate the escape of the instigators of that murder, or if the mur- der occurred on one of the criminal’s assets or descendants, arsons if it resulted in the death of a person, and drug trafficking. Additionally, the death penalty is also included in some exceptional laws such as Law No. 49 and in various cases in laws against the goals of revolution, the protection of the socialist system, the security of the Arab Socialist Baath Party, and the anti-terrorism law.

In addition to the illegality of executions issued by the exceptional judiciary, field executions and extrajudicial executions that are implemented by members of the army and security forces are in violation of the provisions of the Syrian Penal Code. The Penal Code suspends the execution of death sentences on the decision of a Pardon Committee. A committee that expresses its opinion regarding the binding enforcement of the death penalty or its substitution with another penalty according to Article 461 of the Code of Criminal Procedure. It is then followed by the approval of the President of the Republic according to Article 43 of the Syrian Penal Code that says: “a death sentence shall be executed only after consulting the opinion of the Pardon Committee and with the approval of the head of State”.

As for the death sentence issued for military felonies, the Article 82 of the Military Penal Code stipulates that: “in the event of a death sentence, the case is referred to the presidency by the Commander-in-Chief of the Army and Armed Forces with the observations she/he sees after con- sulting the council of defense”.

Moreover, these executions deny the possibility of using the right that is guaranteed to the person sentenced to death, to seek special pardon or commutation of the sentence. Which is in accor- dance with the exceptional reform that the constitution guarantees to the President of the Repub- lic, by issuing special pardons and restitution.

21 Chapter Three: The Most Prominent Developments in the File of Detainees During the First Half of 2020 Section One: The Most Prominent Developments in the File of Detainees Inside Syria. Topic one: In Areas Controlled by the Syrian Government. - Syrian government forces detained dozens of schoolchildren. On 5 January 2020, the VDC issued a statement condemning the arrest of 52 Palestinian refugee children by military intelligence in the town of Yalda south of Damascus.

During official hours, a patrol from the raid branch stormed the Al-Jarmaq school for Palestinian refugees and arrested 20 children at once from the school while other patrols arrested 32 children after they raided their homes in the town of Yalda south of Damascus. The ages of the students arrested range between 10 and 16 years old. The arrest took place under the pretext of affiliation with ISIS, but the real reason for their arrest is that the students tore up pictures of the president. The fate of the detained children is still unknown.

It is worthy to note that since 2011 until now, the VDC has documented 1,772 male children and 277 female children as forcibly disappeared. The real number is estimated to be ten times higher. - Arrests of displaced persons returning to their areas. Displaced Syrians who decide to return to the areas controlled by the Syrian government face the risk of arbitrary arrest, enforced disappearance and torture to death. The VDC has recorded cases of arrests of people who returned from the areas controlled by the armed opposition to the areas controlled by the Syrian government to escape the battles in the southern countryside of Idlib and the western countryside of Aleppo.

On the other hand, Hay’at Tahrir al-Sham (HTS) also carried out the same violations. According to the VDC correspondent, the HTS arrested a group of men who were heading to areas controlled by the Syrian government at the crossing points, under the pretext that the government forces would recruit them into their ranks. - Raids and arrests of civilians in the western countryside of Daraa. On 1 March 2020, the 4th division of the government forces stormed areas of Daraa’s western countryside and the city of Al-Sanmin in conjunction with heavy artillery shelling. They conducted a raid and arrests of dozens of civilians.

The VDC issued a press release condemning the violations and the arrests committed by the gov- ernment forces during the raid on Al-Sanmin and other areas in Daraa governorate. The statement affirmed that the Syrian government forces did not comply with the provisions signed between them and the armed opposition on 06 June 2018, sponsored and guaranteed by Russia. The most important provision of it is to release those arrested for their activities from the government pris- ons. Instead of that, the Syrian government forces continued to carry out arrests. The VDC corre- spondents documented the arrest of more than 1,500 people from Daraa governorate since the signing of the settlement agreement

22 - Arrests of the peaceful activists in Sweida Governorate. On 2 July 2020, the VDC issued a special report on the most prominent developments in the south- ern Syrian governorate of Sweida, wherein it addressed the ongoing protests in the province. The protesters called for political change, the departure of Bashar al-Assad, the release of detainees in the prisons of the security services, and the departure of foreign forces from the country.

The protests began on 15 January 2020, coinciding with a sharp fall in the value of the Syrian pound. On 10 July 2020, the Syrian government forces released the peaceful movement detainees in Sweida after nearly a month of detention. - Kidnappings continue in Daraa and Sweida governorates. Since the beginning of this year, the VDC correspondents have recorded a marked increase in kid- napping incidents. Some of these incidents are for ransom. The VDC documented 66 kidnappings, 35 of which were released in the first half of 2020. Most cases took place in Sweida and Daraa governorates.

The complacency in that regard contributed to the continuation of kidnappings by security forces. It also encouraged the involvement of some volunteers in the security services in the kidnapping incidents. The groups known to be involved in these incidents are; a group affiliated with Ahmed Al-Awda of the Fifth Corps; the groups of Moataz Mezher and Wael al-Shaar, both groups are of- ficially working with the Military Intelligence Directorate in Sweida and with the leadership of the Security Committee in the southern region; a group operates in the vicinity of the villages of “Arika” and “Mujadel” and associated with the security office of the 4th Division and the Iranian groups which carried out a settlement of many of its members last fall. - The Syrian government releases 49 detainees and arrestees from Daraa governorate. On 24 June 2020, the Syrian authorities released 49 detainees and arrestees without announcing their release process. It was not made clear whether the release was through amnesty or pardon or administrative order. Such release is usually arranged by political, administrative, or security or- ders under the name of “settlements” without real guarantees against re-arrest. This has occurred with most previous reconciliation and settlement cases. It was found that a number of those who were released were held by the security services on criminal charges without being referred to the judiciary. Some were forcibly disappeared for several months, according to the reporter of the VDC in Syria.

According to activists in the governorate, the arrest and subsequent release is an attempt by the security services namely the head of the General Security Directorate, Major General Hussam Lou- ka, to internationally demonstrate on one hand the commitment of the Syrian government to the file of detainees, while serving to polish the image of the Arab Socialist Ba’ath Party in Daraa on the other hand. The released were brought to the headquarters of the Ba’ath Party branch in the city, as part of a celebration organized by the security forces. The participants were forced to chant to the President of the Republic Regional Secretary of the party Bashar al-Assad in exchange for their release.

23 - The Russian forces establish a Complaint Center in Daraa Governorate. In a meeting between the representative of the Russian forces and the central committees of the people of Daraa, the committee delegation demanded the establishment of a complaints office in the city of Daraa so the people can communicate directly with the Russian committee. This of- fice has been suggested to replace the current office in the city of Izra’a which is located within a military zone of the Syrian army and therefore limits the ability of civilians to communicate with the committee and submit any complaint or inquiry, as entering the military zone is subject to the written approval of the responsible officer in the Syrian army.

On 7 June 2020, the Russian forces opened the complaints office which announced the acceptance of inquiries about the detainees and forcibly disappeared people of the city. This did not satisfy the families due to the lack of trust in the Syrian government and the Russian guarantor. Instead, The families demanded an initiative to release their detained and missing persons rather than being limited to only inquire whether they are alive or deceased.

Aiming to calm the region, The Russian General Alexander Zorin had previously met with represen- tatives of the central committees, notables in the regions of Daraa and its countryside and repre- sentatives from southern Syria on 15 May 2020, in the city of Izra’a. At that time, a statement was issued by the Russian side stating that Russia will open a reconciliation center in the city of Daraa with an office that will receive complaints from families and work to resolve them. The Russian delegation indicated that it has received a pledge from the Syrian government to carry out in the upcoming days the suspension of death sentences and release of a large number of detainees, es- pecially those who were arrested after the settlement, all of which has not yet been implemented.

- Incidents of kidnapping and field executions of civilians in the eastern countryside of Hama. During the recent months, the VDC has recorded a marked increase in the frequency of illegal ab- duction and extrajudicial killings by foreign armed groups supporting Syrian government forces in their areas of control. Among the most prominent of these violations is the “Al-Sa’an massacre” in the eastern countryside of Hama on 8 January 2020.

An armed group kidnapped and arrested seven people from the “Al-Abraz tribe” in an artesian area east of Al-Rahjan town in the Al-Sa’an district of Hama eastern countryside, and then killed them and disposed of their bodies at Al-Azami’s sign. Two of the bodies were decapitated. The area be- longs to the Hama desert and borders the southern Aleppo countryside and is controlled by foreign groups supporting the Syrian government. - Cases of extrajudicial killings. Since the beginning of this year and up until the end of June, the VDC has documented the death under torture of 99 detainees in the prisons of the Syrian government. These killings are a part of an organized and systematic policy by the Syrian authorities. The VDC notes that the actual num- bers may be much higher than what has been documented.

During the first half of the year, the VDC documented cases of announcing the execution of detain- ees who surrendered to the government. They surrendered on the basis of a presidential pardon for the deserters issued in 2018. However, on 26 February 2020, the Syrian government informed their families of their death.

24 The VDC has also documented the death of three brothers from Daraa Governorate. They were arrested following the settlement agreement that was conducted in the governorate between the Syrian government and the armed opposition, sponsored and guaranteed by Russian. On 19 March 2020, the Syrian government informed their families of their death. According to the families, their death was as a result of torture in the Sednaya prison.

On 1 April 2020, the Syrian government handed over the body of the detainee Radwan Rizk Sorour to his family in Sheikh Maskin, after his arrest of nearly a year and a half. The body showed signs of torture. According to the VDC documentation, it is the first case where the body is delivered to its respective family members and to people who have signed a settlement with the Syrian gov- ernment.

This is with the knowledge that since the reconciliation and security settlement agreement, spon- sored by Russia in July 2018 and provides for the settlement status of dissidents to ensure their safety and protection against prosecution (regardless of their status), the Violations Documen- tation Center in Syria has documented tens of death under torture. The VDC has also monitored more than 1500 cases of detention of the people of Daraa Governorate, in violation of the settle- ment agreement, which provides for the complete release of Daraa governorate detainees.

- The Conditions of incarceration and the emerging coronavirus. The detention centers in the areas controlled by the Syrian government are a prime incubator for the prevalence of diseases as they are overcrowded and lack food and ventilation beside that no medical services are provided for detainees. This applies to all detention centers, whether they are civilian prisons or those belonging to the security branches. Hence, the spread of coronavirus in these centers could fast become a humanitarian disaster, not only because the virus is highly con- tagious and fatal in some cases, but also because of the health vulnerability of detainees resulting from their exposure to deprivation, torture and ill-treatment.

The Violations Documentation Center with other Syrian civil society organizations, expressed in a joint statement their concerns about the spread of the Covid-19 virus in Syrian detention centers.

The organizations signing the statement called on the Syrian government to immediately release detainees as well as political prisoners and human rights defenders. To limit the possibility of the virus infecting detainees, no new arrests should be made. Also, to take urgent and effective mea- sures to open all detention centers in Syria to the competent international authorities, and take the necessary measures to save the lives of detainees, in accordance with international human rights law and based on the relevant international resolutions.

25 Topic Two: In areas beyond Syrian government control. - In armed opposition-held areas: Arrests and kidnappings of humanitarian activists. In early March, “The Guardians of Religion Organization”3 kidnapped Mr. Khalid Mudallala from the city of Hama, the director of (Sham Al-Khair Association), a humanitarian organization in northern Syria. The Organization accused him of being responsible for the coalition warplanes targeting one of the leaders of the Guardians of Religion faction who was residing in an area in the Idlib regions, close to the association’s headquarters.

The Guardians of Religion Organization initially denied the kidnapping of Mr. Khalid Mudallala. However, surveillance cameras proved that Mr. Khalid Mudallala was kidnapped by members of the organization. This forced the organization to admit that they had kidnapped and taken Mr. Khalid to an unknown location, without providing any information about his fate. According to lo- cal residents, the organization’s members resort to such practices to pressure the families of the kidnapped to pay ransoms in exchange for the release of the kidnapped.

Women were found detained by the Hamza Division of the Syrian National Army. On 28 May 2020, conflict broke out between groups of the Syrian National Army. The conflict was a result of an attack by members of the Hamza Division4 with a hand grenade on a shop, as the owner refused to sell through a loan. The attack was followed by the intervention of “Jaysh al-Is- lam” and “Ahrar al-Sham”, they raid the headquarters of the Hamza Division in the Mahmoudiya neighborhood of Afrin city. When the headquarters of the Hamza Division was raided by “Jaysh al-Islam” and the Military Police, women were found detained inside the division’s headquarters. The VDC documented the arrest of eight women in addition to a baby. According to VDC’s special sources, there were seven Kurdish women and one Arab woman. In addition, there were six men held in a secret prison inside the headquarters located in the Mahmoudiya neighborhood on the northern side in Afrin city on Rajo Road. They were then taken to the military police headquarters in Afrin after “Jaysh-Al-Islam” and “Ahrar al-Sham” members burned the security headquarters of the Hamza Division faction along with the cars inside the headquarters.

One of the detained women has been released, while the rest are still forcibly disappeared. The secret nature of the detention center explains many cases of detention and enforced disap- pearance which are accompanied by several violations. Responsible for these violations are; the Hamza Division of the National Army and the Turkish government, as it is an occupation authority and therefore responsible for all violations that occur within its areas of control.

3 The “Guardians of Religion Organization” was established in February 2018 after the disintegration of the original branch of al-Qaeda in Syria. The US Department of State officially designated the “Guardians of Religion Organization” as a terrorist organization and considers the group the official branch of al-Qaeda in Syria.

4 The Hamza Division (Special Forces) was established in April 2016, with the merging of several brigades of armed opposition groups (Ham- za - Dhi Qar –The Northern Thunder – The Mare’ Resistance - Special Operations). According to the founding statement, the group came together with the aim of fighting ISIS, which was about to invade the northern and eastern countryside of Aleppo, and to fight against the Syrian government and the groups loyal to it. At the end of 2017, the division announced that it would join the “Syrian National Army” formed by the “Interim Government”, to fall under the division of the “Second Legion” of the “National Army.”

26 Rather than initiating an investigation into the circumstances of the violation, and making prisons available for monitoring by international and local organizations to ensure their compliance with the international standards, the Ministry of Defense of the Interim Government and the National Army Command have not issued any statement on the violation and the responsibility of the Ham- za Division for it. This confirms the need for external monitoring of the prisons in the region. Members of the Syrian National Army have arrested a displaced family. On 30 June 2020, military groups from the Northern Brigade in A’zaz city raided three houses of a Damascene family who were displaced from al-Tadhamon neighborhood, south of Damascus. Live bullets were used during the raid, intimidating the women and children, violating the sanctity of homes, searching them, and arresting everyone present. The arrest did not spare women and children who were, including an infant, taken to an unknown destination without an arrest war- rant or a judicial order. It later became clear that the operation aimed to detain the entire family as hostages to pressure their son, who was wanted by the Northern Brigade and to force him into surrendering himself. In the afternoon of the next day and with the help of several mediations, the women and children were released, while three members of the family (the father and brothers) continued to be detained.

The previous operation includes several violations of the provisions of international human rights law and international humanitarian law. These include arbitrary arrest, attacks on civilians, out- rages upon personal dignity, degrading treatment, and the violation of the special protection for women and children established by international humanitarian law. The law also criminalizes tak- ing hostages which amount to being one of the elements of the war crime stipulated in the Rome Statute of the International Criminal Court Article 8 (A-8) and Common Article 3 of the Geneva Conventions. This entails criminal responsibility on the perpetrators, whether they were the orig- inal actors or accomplices and their leaders. It also entails criminal responsibility on the Turkish government as an occupation authority responsible for the protection of civilians and termination of violations in the areas under its control.

It is reported that violations by members and groups of the Syrian National Army, in its areas of control, are committed on a large scale. No efforts are seen from the Ministry of Defense of the Interim Government to stop the perpetrators and hold them accountable by activating the military judiciary authority and its monitoring military police in the region. Persistence of cases of killing and torture. The VDC also documented the death under torture of three detainees at the hands of ISIS, the killing of one detainee in prisons of the Headquarters for the Sham Liberation Army, the killing of two in the prisons of the opposition factions, and the death under torture of four detainees in the prisons of the Syrian Democratic Forces. - In areas of Autonomous Administration: Arrests of humanitarian workers in the Raqqa governorate by the Syrian Democratic Forces. On 25 February 2020, the Syrian Democratic Forces (SDF), have arrested four humanitarian ac- tivists in Raqqa governorate for the second time: “Salah al-Katae, Anas al-Ebbou, Iyas al-Ebbou and Khaled al-Salama,” who work with the “Future Makers” and “New Horizons” organizations in Raqqa governorate.

27 In early September 2019, the Syrian Democratic Forces (SDF) released the four activists in the city of Raqqa, after arresting them for nearly a month.

On 29 February 2020, a patrol of the Asayish forces5 arrested the chairman of the organization Enmaa Alkaramah “ENMAA”, Ahmad al-Hashloum.

On 13 February 2020, the Asayish forces arrested Engineer “Jamal al-Mabrouk,” a former employ- ee of the “Furat Program” from his home in the village of Suwaidiya, north of Tabaqa countryside. He was taken to an unknown destination without being given reasons for his arrest.

On 3 March 2020, Asayish forces patrol arrested “Omar Abdul Fattah al-Mulla Issa” after raiding his home.

On 4 March 2020, an Asayish patrol arrested “Omar al-Khamri,” Executive Director of “Together for al-Jarniya.”

On 2 April 2020, the four civil labour detainees were released by the Autonomous Administration forces, namely: Omar al-Khamri, Ahmed al-Hashloum, Nizar al-Oklah and Jamal al-Mabrouk, while the rest of the activists remain detained by the Asayish. The Syrian Democratic Force Concentration Camps. After the collapse of the Islamic State in Iraq and Syria (ISIS) in the regions of Raqqa, Deir Ezzor and Mosul, and with the escalation of the war on the last strongholds of ISIS in the area of Al-Ba- ghuz in December 2018, thousands of Syrian and Iraqi families, in addition to families of foreign immigrants affiliated with ISIS, fled to the relatively quiet northeastern governorate of Hasakah. This has resulted in massive population movements, during which tens of families of ISIS mem- bers infiltrated with the displaced families. The Syrian Democratic Forces have arrested men and youth suspected of belonging to ISIS and placed them in special prisons. Children, women and the elderly who were fleeing military operations were placed in the camps of Al-Hol, Roj, Mabrouka, Al-Shaddadi, Ain Issa, Mashta Al-Noor, Nowruz, Tawaihiya, and Al-Karamah. Later, on 23 March 2019, the coalition forces and the Syrian Democratic Forces announced the complete elimination of ISIS.

Al-Hol camp holds people with special needs and from vulnerable community groups. The annual mortality of tens of people, most of whom are children, is evidently a result of the poor living con- ditions in the camp. These conditions encompass malnutrition, the denial of proper healthcare, the lack of safe drinking water, the absence of good hygiene which is necessary to prevent epidemics and diseases, and the lack of an adequate amount of privacy and dignity.

Despite the psychological trauma of most children and women as a result of the battles they wit- nessed, the camps lack any kind of psychological support programs, or education and training of young people on livelihoods to facilitate their personal growth and their reintegration into soci- ety later, in light of the absence of governance, transparency, participation, receiving complaints, monitoring and evaluation within These camps.

5 The Asayish (Kurdish for “security”) is the Kurdish Internal Security Force. They are thus considered the police in the Iraqi Kurdistan region, in parallel to the Peshmerga forces, which represent the army in Iraqi Kurdistan.

28 While international laws and conventions affirm the right of those affected to live in dignity and receive appropriate assistance in terms of security, protection, safety, food security, environment, adequate shelter, health, nutrition, education and psychological support, and don’t consider stay- ing in the camp a permanent solution, but rather a temporary response to the emergency situation of displacement, the Syrian Democratic forces continue to detain tens of thousands of people in camps, most of them women and children, without providing the minimum conditions for life, and prevent them from leaving the camp except by paying bribes or through tribal mediation in some cases, in complete disregard for their status as IDPs according to local laws and international humanitarian law, which makes their detention a collective punishment that violates the laws of war that prohibit detaining anyone in inhuman or degrading conditions, and guarantee the right of criminals or suspects to a fair trial before punishment is applied. Topic Three: Amnesty Laws Issued by the Parties to the Conflict. - Pardon Decree No. 6 awaiting implementation Although the legal doctrine grants the legislative authority the power to approve general amnesty and limits the authority of the president of the republic to pass only on the special pardons, how- ever, based on the exceptional powers granted to the President of the Republic by Article 113 of the current constitution, the Syrian President issued a legislative decree granting “general amnes- ty” for crimes committed before the date of Sunday 22 March of the current year.

The decree described in its 18 articles; the exceptions from amnesty, the specific conditions for benefiting from its provisions, a complete amnesty from the full penalty for those with incurable conditions, and convicted persons at the age of 70. However, it did not come up with anything new regarding the political prisoners who often have several charges attributed to them, such that they are not covered by the amnesty decree. This also includes detainees who are referred to the Counter-Terrorism Court or the Military Field Court. As for the tens of thousands of those held in unofficial and secret detention, they are forcibly disappeared, which means that they cannot ben- efit from the amnesty decrees.

Since the issuance of the decree, the VDC has documented the release of (30) detainees. Most of them were released due to the expiration of their sentences, which ranged from five to nine years. Some of these detainees were imprisoned in connection with the peaceful demonstrations since the beginning of the protests, and they were only released after paying bribes to mediators or influential figures in the State.

The Syrian Center for Media and Freedom of Expression issued a legal analysis on the amnesty law issued by Legislative Decree No. 6 on 22/03/2020.6

6 Legal analysis on the Amnesty Law issued by Legislative Decree No. 6 at: https://cutt.us/uscWN

29 - The Syrian Interim Government issues general amnesty: On 3 April 2020, the Syrian Interim Government issued an order to grant a general amnesty for crimes committed before April. This amnesty included the full penalty for misdemeanors and of- fences, half the penalty for felonies, pardon of the full penalty for those at the age of 70 and for those suffering from incurable diseases. Crimes with a negative impact on society were excluded from the amnesty, while the personal rights of those affected were to be preserved and kept under continuous consideration by the court. - The Syrian Salvation Government issues a general amnesty decree: The Salvation Government,7 one of the active powers in Syria, on 20 May 2020 issued an amnesty decree for the convicted from the entire remaining period of their imprisonment, and for the full financial penalty if the amount is less than 500 USD or its equivalent in Syrian pounds. The convict- ed persons are exempt from half of the financial penalty if it is more than this specified amount. All convicts are required to obtain a certificate of good conduct and to drop any personal claims to benefit from the amnesty. The amnesty decree also exempts those convicted of hudud crimes, retribution, kidnapping, armed robbery, and drug trafficking.

The decree did not address prisoners of conscience held in Tahrir al-Sham (Organization for the Liberation of the Levant) headquarters under the authority of the Syrian Salvation Government. A certificate of good conduct remains a condition for benefiting from the amnesty and it is subject to the assessment of the security forces in the Tahrir al-Sham headquarter - The Autonomous Administration issues a general amnesty. On 17 May 2020, the Autonomous Administration 8 issued an amnesty decree that included par- don for the full penalty for offences and two-thirds of the penalty for misdemeanors. regarding felonies, a prison sentence of 20 years is replaced by temporary imprisonment. Half of the sen- tence of temporary imprisonment is exempt and the entire life or temporary sentence for a convict suffering from an incurable disease is exempt. The convicted person does not benefit from the pardon decree except after dropping personal claims or reconciliation. The amnesty also excluded terrorist crimes and convicts who are fleeing or in hiding, unless they surrender themselves within 60 days of the amnesty date.

It is noted that all the amnesty decrees issued by the active forces in Syria were issued following requests from the United Nations and international organizations to release the detainees in Syria after the coronavirus outbreak in the country.

7 The Salvation Government was formed in late 2017 under the supervision of Hay’at Tahrir al-Sham (Organization for the Liberation of the Levant). The “Salvation Government” took over the civil files in Idlib from the “Civil Administration of Services” that had been set up by “Hay’at Tahrir al-Sham- formerly known as Jabhat al-Nusra (al-Nusra Front)” after they gained control over the city of Idlib. During that time, Moham- med al-Sheikh was appointed as prime minister, alongside eleven ministers. At the end of last year, the salvation government witnessed a new formation, headed by Fawaz Hilal, who reduced the number of ministries to nine before resigning.

8 Autonomous Administration of North and East Syria is a Syrian region that extends into the north and east of Syria in which de facto au- tonomy has been established. The area is controlled by the Syrian Democratic Forces and includes parts of the governorates of Hasakah, Raqqa, Aleppo and Deir Ezzor. This region is multi-ethnic and home to large numbers of Arab, Kurdish and Assyrian populations, with smaller communities of Turkmen, Armenians, Chechens and Yazidis.

30 Section Two: The Most Prominent Developments in the File of Detainees Outside Syria: Topic One: Trials in European Courts of alleged Perpetrators of Violations. Official Spokesman of Jaysh al-Islam (The Islam Army) is in the Grip of Justice: The official spokesman and a senior official in Jaysh al-Islam Majdi Nema, known as (Islam Alloush), was arrested in France on Wednesday 29 January 2020. Jaysh al-Islam is suspected of having ab- ducted, detained, and tortured human rights lawyer Razan Zaitouneh, Wael Hamada co-founder of the Local Coordination Committees (LCC), political activist Samira Al Khalil, and human rights lawyer Nazem Al Hammadi, who are together known as (Douma 4). They were abducted from the joint office of the Violations Documentation Center (VDC) and the local development and small enterprise support office in Douma. Islam Alloush was indictment by the War Crimes Unit of the Tribunal for war crimes, torture, and enforced disappearances. These charges are based on the complaint filed in June 2019 after more than three years of documents submitted by SCM and FIDH regarding the crimes committed by Jaysh al-Islam.

It is reported that the mass grave of Al-A’ab was later found in Douma. The VDC has announced in a statement that the body of human rights activist Razan Zaitouneh had not been found until now. Razan remains to be missing along with her companions. The trial of a former Syrian officer in Germany for crimes against humanity. The principle of universal jurisdiction allows the German judiciary to prosecute perpetrators of crimes against humanity regardless of their nationality or the location of their crime. In accordance with that, the German judiciary in the German city of Koblenz, on Thursday morning 23 April 2020, began the trial of former officers Anwar R., former chief investigation officer in branch (251) of in- ternal security of the General Intelligence Directorate in Syria, and the agent Eyad A., who worked in the same branch. Their trail is based on the accusations against them of committing violations against detainees including torture and killing under torture. Their arrest by German authorities coincided with the arrest of Sha’aban I. from section 40 of the same security branch, by French authorities on charges of complicity in committing war crimes in Syria.

This trial is the first to consider crimes against humanity attributed to former officials of the Syr- ian security services. They are the result of long and painstaking efforts to document violations in Syria to seek and ensure justice for the victims. It is the first step taken on the road to establishing the principle of no impunity. Topic Two: Documented Detentions of Syrian Citizens Outside Syria. Detentions of Refugees in Europe The Cypriot authorities in the Greek section at the Minoya Security Center have arrested an es- timate of ten Syrian asylum seekers. The VDC has communicated with the detainees on hunger strike to protest their conditions of detention and their fear of forcible return to Syria. Accordingly, the VDC in Syria issued a statement on 10 January 2020. In the statement, the VDC appealed to the High Commissioner for Refugees, Cypriot Human Rights organizations, different bodies working in humanitarian affairs and activists to assume their responsibilities to intervene and to release detained Syrians. The VDC also asked to appoint lawyers to defend the refugees to not be forcibly returned to Syria, as there is real danger to their lives there. The VDC also claimed to secure legal protection for these Syrian detainees in Cyprus.

31 The Case of Detainees on the Sidelines of Geneva Peace Talks On 20 January 2020, as part of her briefing to the United Nations Security Council which contained a set of recent developments, the Deputy Special Envoy of the United Nations for Syria revealed that the years of closed and secret meetings between Iran, Russia and Turkey on the issue of detained/abducted, it has mounted to unsatisfactory results and practices such as prisoner ex- change agreements. Therefore, the United Nations decided to set in motion discussions on the matter with these three parties. In hopes of reaching a sustainable solution and an understanding regarding the handover of the bodies and the disclosure of the identities of the missing persons. This procedure will, for the first time, pose an opportunity for civil society organizations to partic- ipate, through the United Nations, in discussions on such a sensitive and painful topic.

In order to strengthen the role of Syrian civil society organizations in finding a solution to the issue of detainees and forcefully disappeared individuals. On 27 February 2020, several Syrian civil society organizations, including the Syrian Center for Media and Freedom of Expression SCM, submitted a letter to the working group that is affiliated with the United Nations Special Envoy stressing the need to involve Syrians and place them at the center of this process who have been left out for so long.

Previously, fifty non-governmental civil society organizations9 welcomed the Security Council Resolution No. S/RES/2474 on the issue of the missing and disappeared people in armed conflicts. They called on member-States to the Security Council and States supporting Human Rights and peaceful resolution to armed conflicts, to pressure the parties to the conflict in Syria to take clear and concrete measures in response to the provisions of the international resolution by revealing the fate of thousands of kidnapped and missing persons, and ensuring the establishment of an independent and transparent investigation and accountability mechanism under international su- pervision and guarantees fair and transparent accountability and punishments to perpetrators. They also provided recommendations in this regard. The Case of Detainees on the Sidelines of Astana Peace Talks The eighth Astana Talks on 23 December 2017 resulted in the formation of a working group re- garding detainees. At that time, many human rights organizations expressed their concerns re- garding the detainee’s file. Hence, on 20 January 2018, a month after the announcement of a working group for the detainees, which was approved by the eighth round of Astana, 11 human rights organizations including the Syrian Center for Media and Freedom of Expression have met, and they expressed their concerns in a letter submitted to the Astana delegation. In the letter, the group of the organizations asked to separate the detainee’s case from the political track and to concentrate on the human rights nature of the case. Just like the international decisions have also clearly stated an immediate release of all detainees without turning their case into a political exchange. The letter further stressed the need to avoid “being drawn into the trap of name lists as well as entrusting the case to those with legal and human rights technical expertise. Also, to involve representatives of specialized civil society organizations, and to deal with the case under neutral and multilateral international supervision in a way that guarantees its protection from po- litical and interest-based disputes”.

9 50 Civil Society Organisations call for firm action on the question of Missing Persons in Syria, https://scm.bz/en/scm-statements/miss- ing_persons_syria_en

32 After a lot of efforts, the Detainees’ Working Group in Astana managed to release 53 civilian de- tainees since its inception until 31 June 2019. Among them were people who were arrested by the Syrian government before conducting exchanges. The 53 civilians were being exchanged for the release of 54 war prisoners of Syrian government officers and soldiers, who were captured by the National Army and the Armed Opposition in military battles between the two sides.

However, since 31 June 2019 until the present moment, no detainee has been released by the Detainees’ Working Group while the Syrian government still refuses to implement Security Council resolutions related to the issue of detainees. For example, Resolutions No. 2041 and No. 2042 of April of 2012, and also Resolution No. 2139 of February 2014, which emphasize the immediate cessation of enforced disappearance practices, as well as Clause No. 12 of Resolution No. 2254 of December 2015. Recommendations: To the Syrian Government: To ensure the absence of child detainees from Syrian prisons, and restrict their incarceration to be according to the framework of the Juvenile Delinquents Act. Also, to immediately release of children detained by the military intelligence branch in the town of Yalda, south of Damascus in contrary to the principles of justice, the provisions of the international humanitarian law and the obligations of the Syrian Government, namely Article 77 of Protocol I Additional to the Geneva Conventions, Article 35 of the Fourth Geneva Convention and the Red Cross Committee’s commentary of 1958, and Article 10 of the International Covenants on Civil and Political Rights and the Convention on the Rights of the Child ratified by Syria in 1993, Articles 3-16-27-29-37.

The immediate release of detainees and abductees, and to abide by the relevant Security Council resolutions and to abide by the fourth point of former UN Secretary-General Kofi Annan’s plan to re- lease all persons arbitrarily detained “including especially vulnerable categories of persons, and per- sons involved in peaceful political activities” and the outcome of the Astana Conference on the release of detainees, specifically its first, seventh, and eighth statements.

To reveal the fate of the abducted and missing persons by preparing official lists of all detainees in Syria and providing them to the relevant international bodies. The list should contain the full name and the mother’s name of all detainees, the location and date of their arrest, the party responsible for the arrest, and the charges against the detainee if referred to the judiciary. Death cases and the causes leading to them should also be mentioned in the list.

To abide by the internationally recognized legal rules governing detention, especially The Nelson Mandela Rules to protect the rights of persons deprived of liberty. Besides, to respect the freedom and dignity of citizens, and to abide by the provisions of international human rights and international humanitarian law, which prohibit arbitrary detention, torture, forced disappearance, ill-treatment of prisoners, and subjecting anyone, civilian or combatant, to torture or other cruel, inhuman, or degrading treatment.

33 The immediate repeal of legislation that provides immunity to members of the security and police services from any judicial accountability for crimes they may commit, including but not limited to de- cree 14 of 1969, which establishes the State Security Department, decree 549 of 1969 on internal regulations of the State Security Department, legislative decree 64 of 2000, legislative decree 55 of 2011, the Counter-Terrorism Act, and the law governing the Counterterrorism Court (Law No. 22). Also to abolish the exceptions in the laws of the Central Authority For Supervision and Inspection which pro- tect the expenditures of the Ministries of Defense and Interior from any oversight, and some articles of the Military Due Process Act and the Service of the Internal Security Forces Act.

To activate the oversight mechanisms over the police and security agencies; and to fully comply as standard framework with the following international documents: The Declaration on the Protection of All Persons from Enforced Disappearance; Code of Conduct for Law Enforcement Officials; 10 Ba- sic Human Rights Standards for Law Enforcement Officials by Amnesty International; The Convention Against Torture; and The UN Minimum Rules for the Treatment of Prisoners. Thus, to repeal all legisla- tion and administrative orders that violate the contents of these documents.

To affirm the right to access information; and to facilitate citizens’ access to all documents, state- ments, regulations, and administrative orders originally prepared for public access; as the right to ac- cess information is a fundamental human right under international covenants, treaties, General As- sembly resolutions, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which all stipulated the importance of enabling citizen access to information and taking measures to ensure that they can exercise this right in order to promote transparency and to establish a culture of good governance. To The Syrian opposition: To ensure that detainees are not part of political negotiation circles, and to emphasize that any sub- sequent pardon does not include the perpetrators of the crimes of disappearance, arbitrary detention and torture. Taking into consideration that no authority has the ability to grant amnesty for violations of international law because of the negative effects such amnesty has on national reconciliation and sus- tainable peace. Accountability and responsibility are the main guarantor of future peace and non-re- currence of violations.

To secure all necessary political and media support to advance the joint negotiations between the Kurdish National Council and the Kurdish National Unity parties under American auspices, and to en- dorse the Dohuk Agreement as a basis for continuing dialogue and negotiation between the two par- ties with the goal of signing a comprehensive agreement that is linked to the Geneva Reference, the negotiations file, and the constitutional committee. This agreement should guarantee the interests and legitimate rights of Syrians.

To release all detainees and forcibly disappeared persons from its prisons and detention centers; to take all possible measures to end torture and cruel and inhuman treatment that it carries out; and to immediately and absolutely suspend execution sentences due to the lack of legitimacy of current judi- cial institutions.

34 To the National Army - Ministry of Defense of the Interim Government: To deal firmly with the cases of internal fighting within the national army, which often causes civilian casualties. Additionally, to take strict measures to prevent confrontations in inhabited neighborhoods or outside. This can be through the military police and military judiciary also by using help from Turkish forces and the Turkish judiciary when needed seeing that they are an occupying authority responsible for maintaining security and protecting civilians in their areas of influence.

To work to form military forces with equal participation of different factions, without giving priority to one faction over another. These forces can control the security of the internal crossings, by following a system of alternating patrols in order to block any form of abuse of power or competition over the crossing zones, one of the main causes of conflicts.

To take serious and effective measures to remove all armed presence from populated cities and resi- dential areas, to issue regulations that require the personnel to be disciplined, and to regulate the leave of military headquarters with an official request signed by the highest ranking official, that determines the duration, destination, and reason for departure. Besides, to conduct military police patrols to en- sure the implementation of the regulations.

To affirm the full and complete jurisdiction of the judiciary with regard to arrest and detention, to place the entire detention institution under the supervision of the judicial authority, to comply with the requirements of fair trial, and to totally and absolutely prohibit arrests by military personnel.

To close all secret or military detention facilities, to subject the closure to the control and inspection of the military police in the presence of a civilian partner - a human rights supervisor, and to limiting detention facilities to central centers under judicial and civil society control, to prohibit all acts of cruel, degrading treatment, torture, and other inhuman treatment during detention, and to allow the human rights commission to oversight the detention centers.

To the Autonomous Administration of North and East Syria: To release all detainees and forcibly disappeared persons in its prisons and detention centers, to take all possible measures to end torture and cruel and inhuman practices of forces affiliated with them, and to immediately and absolutely suspend death sentences due to the lack of fair trial standards by judicial bodies.

To reinforce the principle of fair trial in the judicial institutions of the Autonomous Administration, to absolutely prohibit secret trials, and to protect the civil and political rights of individuals and groups in accordance with the text of the Social Contract of the Autonomous Administration, in terms of its commitment to abide by the International Covenant on Economic, Social and Cultural Rights, Part III, Article 22.

35 To the United Nations: To the UN Security Council to confirm the condemnation expressed in resolution 2139 of 22 Febru- ary 2014 for widespread violations of human rights and international humanitarian law by the Syrian authorities, such as arbitrary arrest, detention, torture, and ill-treatment, and to call again for an im- mediate end to these practices, the release of all persons arbitrarily detained, and to stress the need to end the culture of impunity and to hold perpetrators accountable.

To the UN Security Council to issue a resolution that imposes a comprehensive arms embargo on Syria, and to adopt individual sanctions against government officials involved in violations as the Syrian government continues to violate international law and previous Security Council resolutions. Also, to activate the provisions of resolution 2139 passed on 22 February 2014, which stipulated the council’s intention to take additional steps in the event of non-compliance with the resolution, namely imposing sanctions on individuals in the Syrian army and government responsible for non-compliance.

To activate the work of the Independent International Commission of Inquiry on the Syrian Arab Republic and the International Impartial and Independent Mechanism for Syria, and to allow them to conduct investigations throughout the Syrian Arab Republic in cooperation with relevant international and local organizations. Besides, to establish a national or international judicial mechanism to hold accountable those responsible for violations and crimes against humanity.

To refer the Syrian file to the International Criminal Court on the basis of the resolution 377 “Uniting for Peace” of 1950, which grants the General Assembly the right to examine issues appear to pose a threat to the international peace and security and are originally under the mandate of the Security Council, provided that the Council fails to address the issue because of the lack of unanimity among its members then the General Assembly can examine the issue and make the needed recommendations for the restoration of international peace and security.

To oblige the parties to the conflict to comply fully with the provisions of Article 82 of the Additional Protocol I to the Geneva Conventions of 1977, which stipulates the importance of appointing legal ad- visers in the armed forces because they serve as preventive legal control over the actions of the forces to which they belong. This minimizes the violations that may occur during military operations. To create international legal and financial oversight mechanisms over the practices of donors and in- vestors in the field of humanitarian aid and investment to ensure that any funding they provide to Syria bolsters the rights of Syrians. Moreover, to require the concerned authorities to adopt due diligence to ensure that human rights are respected before any new project related to humanitarian aid or the reconstruction process. This to ensure that donors are not involved in covering up or committing past or ongoing or new violations of international law.

36 To establish an independent body to deal with the issue of missing persons. So This body undertakes the search for the missing person fates and the bodies of those killed, and it assists in the recovery, identification, and reburial of bodies in accordance with the wishes of the victims expressed or as- sumed, and it provides legal and social services to victims and their families. It can also benefit from past international experiences such as that of Bosnia and Herzegovina, or the Law on Missing Persons of 2004 attached to the Dayton Peace Agreement.

To assess the reality of the United Nations and its ability to respond in light of the Syrian conflict. Accordingly, to start the process of reforming the Security Council by activating the suspended articles in the charter and to find new methods and mechanisms to support its work, furthermore, to review its composition and to expand the issue of veto for wider and greater involvement of members of the international community, also, to eliminate the consensus of the permanent members in favor of majority consensus in response to current realities and developments in order to achieve international peace and security. To the International Community: To pressure the Syrian government to declare its full commitment to the Convention against Torture, and to withdraw its reservation to Article 20 of the convention on the competence of the Committee against torture, and to grant access to all detention centers for international observers and human rights monitors, including the UN Special Rapporteur on extrajudicial, summary, or arbitrary executions, the Office of the High Commissioner for Human Rights, the UN Independent International Commission of Inquiry on Syria, and the Special Rapporteur on Syria.

To pressure the parties to the Syrian conflict to end the climate of impunity enjoyed by security forces, to stop systematic abuses, to put an end to enforced disappearances, arbitrary arrests, torture and other ill-treatment as well as extrajudicial executions. Also, to immediately suspend all death sen- tences and to ensure that the strictest international standards of fair trial are respected in relation to proceedings for any crimes likely to lead to such punishment.

To work individually at the State level or within the regional framework to prosecute military or civilian officials when there is convincing evidence about their likely involvement in human rights violations in Syria. Also, to apply economic sanctions against them and to freeze their bank accounts under national legislation. In addition to that, to initiate the prosecution of the perpetrators according to the principle of universal jurisdiction which is based on the principle of human solidarity in defending the interests of the nations and the entire States, and to protect them from criminals, and to hold accountable those accused of crimes against humanity as a whole.

37 States parties to the International Convention against Torture, to file a complaint against the Syrian Arab Republic to the International Court of Justice (ICJ) for violating the provisions of the convention. The ICJ has the power to look into all violations of provisions, interpretation, or application of the con- vention in accordance with Article 30 of it. Moreover, to mobilize international support for the plaintiff, similar to the case of Gambia against Myanmar about violating the Convention on the Prevention and Punishment of the Crime of Genocide in 1948. In this case, Gambia was supported by 57 members of the Organization of Islamic Cooperation (OIC).

To the Syrian Constitutional Committee: To embrace clear and firm provisions in the forthcoming constitution that affirm the independence of the judiciary as a protective umbrella for the rights and freedoms of individuals. This independence is achieved by monitoring the nature of the laws and decisions of the legislature and its compatibility with the principles of the Constitution, as well as with the international law of human rights. This constitutes an entry point to the legislative reform in Syria, this reform is achieved by repealing the laws that pro- tect the perpetrators of violations due to their unconstitutionality, also by abolishing the exceptional courts, which represents a flagrant violation of rights and freedoms protected constitutionally.

To include the principle of the supremacy of international treaties ratified by the Syrian government on internal legislation within the provisions of the Constitution. Thus, an explicit incorporation of ar- ticles guaranteeing the rights and freedoms, such as Article 9 of the International Covenant on Civil and Political Rights and other articles. As a model, the constitution of the Kingdom of Morocco, which stipulates: “International conventions, as ratified by Morocco, within the provisions of the Constitution, the laws of the Kingdom, and its established national identity, should be made to promote national legislation and to work to adapt this legislation as required by such ratification.”

To emphasize the principle of the separation of powers, and to stipulating that the power to legisla- tion is an inherent power that is unique to the legislative authority, to strip the office of the President of the exceptional legislative power of approving law before it is passed or challenging it and the in- dependence of the judiciary, and to strip the office of the President of the right to issue amnesty and reinstatement decisions, and to ensure the independence of the Supreme Council of the Judiciary and the Supreme Constitutional Court from the executive power.

To ensure that the forthcoming Constitution includes the concept of transitional justice, a founda- tional justice necessary for the transition to a state of social peace and political stability, and to elim- inate violence-generating relations by naming them without mentioning the mechanisms of elimina- tion, similar to the South African Constitution, Article 25, “the need to redress the results of past racially discriminatory laws and practices” without introducing any provisions of the Constitution restricting this redress. Another model is to oblige the legislative power to implement transitional justice accord- ing to a specific constitutional framework, same as in the Tunisian Constitution, paragraph 9 of Article 148: “The State undertakes to apply the transitional justice system in all its domains and according to the deadlines prescribed by the relevant legislation...”. Another example is the Constitution of the Arab Republic of Egypt, Article 241.

38 To the Civil Society: - To the Institutions and Legal Bodies: To establish legal committees to draw studies and proposals to review prison systems, and to clar- ify and standardize the procedures and methods for managing and unifying these systems under the administration of the Ministry of Justice. Besides, to conduct a comprehensive assessment of the pris- on infrastructure in order to improve their conditions to ensure that they meet basic human rights standards, including the United Nations Standard Minimum Rules rules for the Treatment of Prisoners (the Nelson Mandela Rules), and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules).

To formulate legal committees to prepare a national action plan to rehabilitate the security institu- tion in Syria in accordance with the provisions of international human rights law. Also, to draft training methods for security officers and judicial officers to learn the universal freedoms and rights standards and rules, and to learn how to exercise law enforcement powers without confronting media profes- sionals or hindering their work. - The Civil Society Organizations: To work to establish a national fund to support the families of missing and disappeared persons. Additionally, to seek permanent and stable sources of funding to ensure that medical, psychological, social, economic, legal, humanitarian or other forms of aids are provided to the immediate victims of violations and others, such as the family members of the victims or those who have been harmed as a result of the violation, regardless of whether the damage was physical, psychological or material re- sulting from the loss of the breadwinner. - Regarding Transitional Justice: There should be an emphasis on transitional justice in a way that it will not be reduced to a concept of reconciliation. Hence, excluding the general amnesty mechanism based on the idea of turning the page on the past and opening a new page. This may lead to bypassing the rights of individuals and society to know the truth, the preservation of national memory, and the recognition of the sufferings of victims, and ultimately to cover the perpetrators’ crimes. Instead, it needs to be replaced with truth-finding mechanisms and other alternatives to criminal proceedings. So as to attain effective justice that leaves greater influences on achieving social peace. Or by employing a special amnesty mechanism in which each case is dealt with separately.

There should be a demand for providing immediate, proportionate and effective compensations for human rights violations that resulted from enforced disappearances. It should also be stressed that the compensation should not be confused with social protection measures that any existing authority must provide to families who have lost their main breadwinners. Moreover, the rights of victims and their families should be preserved by resorting to the judiciary and by claiming compensations when it was proven they faced psychological and/or physical damages.

39 The mechanisms of transitional justice should also be implemented in the cases of detainees and missing persons as a foundational, remedial, collective justice. For example, the mechanism of confes- sion sessions that form a basis for building trust and overcoming the past. Along with amendments and compensation mechanisms that establish social harmony, restore balance, satisfy the collective sense of justice, and bring back the victims’ confidence in the State. These can be made in forms of providing treatment for survivors of arrest, disappearance, and torture, setting up support and psycho- logical rehabilitation programs and establishing a funds program for reimbursing and compensating victims of all sides and their families without any discrimination.

40 www.vdc-sy.net

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لإلطالع على تقاريرنا السابقة باللغة العربية /http://vdc-sy.net/category/reports_ar/monthly_reports_ar

لإلطالع على تقاريرنا السابقة باللغة االنكليزية /http://vdc-sy.net/category/reports/monthly_reports

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