{"id":414,"date":"2011-12-02T00:00:00","date_gmt":"2011-12-02T00:00:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"-0001-11-30T00:00:00","slug":"","status":"publish","type":"post","link":"https:\/\/dchrs.org\/?p=414","title":{"rendered":"No More Impunity for Crimes against Humanity in Syria"},"content":{"rendered":"<p>Amnesty International submitted  the following written statement to the 18th Special Session of the UN Human  Rights Council on the human rights situation in the Syrian Arab Republic  that was held in Geneva, on 2 December 2011. <\/p>\n<p>  For more than eight months  Amnesty International has documented extensively crimes against humanity,  and other human rights violations, that have been committed and continue  to be committed in Syria. \u00a0We have highlighted the failure of Syrian  authorities to investigate and prosecute such crimes and emphasized the  consequent need for the Security Council to refer the situation to the  Prosecutor of the International Criminal Court as a significant first step  to end impunity. \u00a0 <\/p>\n<p>  Amnesty International has  obtained the names of more than 3,290 people, over 200 of them children,  who are reported to have been killed in the unrest in Syria since mid-March.  The vast majority are believed to have been killed by the army and security  forces, many of them during protests and security operations in residential  areas. Over 170 of them are believed to have died in detention in highly  suspicious circumstances. <\/p>\n<p>  Reports of deaths of members  of the army and security forces have been increasing in recent weeks. Many  have allegedly been killed in clashes with the Free Syrian Army, formed  in July and composed in part of defected army personnel, and others who  have taken up arms with the stated intention of protecting their neighbourhoods.  Amnesty International has collated the names of more than 300 killed soldiers  and members of the security forces provided by Syrian state media. Amnesty  International also has the names of 50 civilians reported to have been  killed by armed individuals apparently not linked to the state and of more  than 100 armed individuals believed to be opposed to the state thought  to have been killed in direct clashes with security forces. <\/p>\n<p>  The Office of the High Commissioner  for Human Rights has put the number of people who have died since the unrest  began at more than 4,000. Violence continues to this day, notwithstanding  the broken promises of the Syrian authorities to bring an end to it. More  than 25 people are reported to have been killed in the last few days. <\/p>\n<p>  Thousands of people have been  arrested in connection with the unrest, with many of them detained incommunicado  in detention centres run by unaccountable intelligence agencies with powers  of arrest and detention. Some are believed to have been held in conditions  amounting to enforced disappearance as the authorities have effectively  concealed their whereabouts from their families. Released detainees commonly  allege they were tortured or otherwise ill-treated in such centres and  that such ill-treatment is rife. <\/p>\n<p>  Amnesty International&rsquo;s most  recent report on abuses and crimes being committed in Syria documents how  the Syrian government has even turned hospitals into instruments of repression  in its efforts to crush opposition. It documents how the Syrian authorities  seem to have given security forces free rein to subject wounded patients  in at least four government-run hospitals to torture and other ill-treatment.  Amnesty International, <a href=\"http:\/\/www.amnesty.org\/sites\/impact.amnesty.org\/files\/PUBLIC\/mde240592011eng.pdf\" target=\"_blank\"><em><u>Health  crisis: Syrian government targets the wounded and health workers<\/u><\/em><\/a>(Index: MDE 24\/059\/2011),  October 2011. In many cases, hospital staff appear to have taken part in  the torture and other ill-treatment. Other hospital workers suspected of  treating protesters and others injured in unrest-related incidents have  themselves faced arrest and torture. <\/p>\n<p>  On 2 November, Syria pledged  to abide by the peace plan of the League of Arab States and cease the violence,  withdraw its troops from cities, release prisoners, and allow in independent  journalists and human rights monitors. These pledges have not been fulfilled. <\/p>\n<p>  In its recently published  report the Independent International Commission of Inquiry (the Commission  of Inquiry or the Commission) confirmed that gross violations of human  rights have been committed by Syrian military and security forces since  the beginning of the protests in March 2011.  U.N. Doc. A\/HRC\/S-17\/2\/Add.1 of 28 November 2011.  The Commission also expressed its grave concern that crimes against humanity  have been committed by Syrian military and security forces during their  violent crackdown on demonstrators this year. <\/p>\n<p>  Given its failure to ensure  accountability not only during these events, but also over many years,  there is little reason to believe that the Syrian authorities will establish  independent investigations into the violations, abuses and crimes and prosecute  the suspects. On 12 October, the Syrian government said it would establish  its own investigation and added that it would cooperate with the UN once  the investigation was completed. However, the government has released no  information about its investigation. Amnesty International is not aware  of any prompt, thorough, independent or impartial investigations having  been initiated regarding the crimes against humanity, or other violations,  committed in 2011 and it is not aware of a single prosecution of anyone  suspected of such crimes. <\/p>\n<p>  Victims of crimes against  humanity and other human rights violations are entitled to full reparation,  including rehabilitation, restitution, compensation, satisfaction and guarantees  of non-repetition. As of 2 December 2011, no victims are known to have  received any reparation for these crimes. <\/p>\n<p>  On 25 November, the UN Committee  against Torture stated that it was alarmed by the fact that the &ldquo;reports  of massive human rights violations take place in a context of total and  absolute impunity, as prompt, thorough, and impartial investigations have  not been undertaken in such cases&rdquo;. The Committee requested the Government  of Syria to provide it with a special report by 9 March 2012. <a href=\"http:\/\/www.ohchr.org\/EN\/NewsEvents\/Pages\/DisplayNews.aspx?NewsID=11646&amp;LangID=E\" target=\"_blank\"><u>http:\/\/www.ohchr.org\/EN\/NewsEvents\/Pages\/DisplayNews.aspx?NewsID=11646&amp;LangID=E<\/u><\/a>.  \u00a0 <\/p>\n<p>  In August, the OHCHR fact-finding  mission on Syria mandated by the Human Rights Council to, <em>inter alia, <\/em>&ldquo;investigate all alleged violations of international human rights  law and to establish the facts and circumstances of such violations and  of the crimes perpetrated, with a view to avoiding impunity and ensuring  full accountability&rdquo;, concluded that crimes against humanity may have  been committed by the Syrian government. The High Commission for Human  Rights urged the Security Council to consider referring the situation in  Syria to the International Criminal Court. <\/p>\n<p>  In the face of the brutal  repression occurring in Syria, it is outrageous that some UN member states  continue to obstruct efforts here and elsewhere in the United Nations to  bring an end to these crimes against humanity &#8211; crimes over which any state  may exercise universal jurisdiction.,  U.N. Doc. A\/HRC\/12\/48, para.  1975 (a). <\/p>\n<p>\n  Certain permanent and elected  members of the UN Security Council, some aspiring to permanent status,  have consistently blocked peaceful measures that would contribute to ending  the crimes against humanity in Syria. It took until 3 August for the Security  Council to be able to make a modest non-binding &ldquo;Presidential Statement&rdquo;  on the situation. <\/p>\n<p>  While these same countries  were less obstructive when the Third Committee of the General Assembly  condemned the continued grave and systematic human rights violations by  the Syrian authorities, they continue to block measures in the Security  Council that would help to end those very same violations, thereby effectively  shielding those responsible from justice and offering them the opportunity  to continue committing crimes against humanity and other human rights violations  with complete impunity. <\/p>\n<p>  On 4 October, the UN Security  Council failed to adopt draft resolution S\/2011\/612 which would have required  the Syrian authorities, <em>inter alia<\/em>, to cease all violations of human  rights and the use of force against civilians. The Security Council failed  to do so because of a veto by the Russian Federation and China. Brazil,  India, Lebanon and South Africa abstained from the vote. <\/p>\n<p>  Despite having thereby acknowledged  the gravity of the situation in Syria, those countries continue to block  robust measures under the pretext of displeasure with what was done in  Libya. Even if it might appear that NATO transformed the Responsibility  to Protect in Libya into a vehicle for getting rid of Mu&rsquo;ammar al-Gaddafi,  it is unacceptable that those countries make Syrian civilians pay the price. <\/p>\n<p>  Amnesty International is pleased  that other states are acting to stem the violence in Syria. The League  of Arab States has acknowledged the gravity of the situation and sent a  clear signal to the Syrian authorities that they must stop the gross and  systematic human rights violations. \u00a0We welcome the human-rights-based  elements of the League&rsquo;s &ldquo;roadmap&rdquo;, notably the calls for an end to  the violence, to free persons detained for participating in peaceful protests,  and to provide for scrutiny of the situation by accepting international  observers. \u00a0With the League&rsquo;s decisive action, it is now time for  the UN, including the Security Council, to deliver an effective international  response to Syria&#8217;s human rights crisis. <\/p>\n<p>\n  <strong>Recommendations: <\/strong> <\/p>\n<p>  Amnesty International urges  all Member and Observer States of the Human Rights Council to contribute  to ensuring that the United Nations will take and will be able to take  more effective measures to bring an end to the violence in Syria. It urges  the Human Rights Council to adopt a resolution that: <\/p>\n<p>\u00b7 \u00a0 \u00a0 \u00a0 \u00a0Urges  the Syrian government to : <\/p>\n<p>  \u00b7 \u00a0 \u00a0 \u00a0 \u00a0implement  without delay the recommendations addressed to it by the Commission of  Inquiry and to immediately cooperate with the Commission, and other UN  human rights mechanisms including by granting unimpeded access to the country; <\/p>\n<p>  \u00b7 \u00a0 \u00a0 \u00a0 \u00a0cooperate  with humanitarian organizations, including granting them full and unfettered  access to the country; <\/p>\n<p>  \u00b7 \u00a0 \u00a0 \u00a0 \u00a0allow  full access, including to human rights NGOs, to Syria for thorough human  rights investigation and monitoring; <\/p>\n<p>  \u00b7 \u00a0 \u00a0 \u00a0 \u00a0provide  all victims with full reparation, including rehabilitation, restitution,  compensation, satisfaction and guarantees of non-repetition, for crimes  against humanity and other human rights violations. <\/p>\n<p>  \u00b7 \u00a0 \u00a0 \u00a0 \u00a0Condemns  reports of reprisals by Syrian authorities against human rights defenders  and those who cooperate with and provide information to the Commission  of Inquiry and other UN human rights mechanisms, and urges the immediate  halt to such reprisals. <\/p>\n<p>  \u00b7 \u00a0 \u00a0 \u00a0 \u00a0Recommends  to the Security Council that it immediately refers potential crimes under  international law within the jurisdiction of the ICC, including crimes  against humanity committed by the Syrian government, to the ICC Prosecutor;  requires tracing, freezing, seizing and forfeiting of the assets abroad  of President Bashar al-Assad and his senior associates; and imposes an  arms embargo on Syria. <\/p>\n<p>  \u00b7 \u00a0 \u00a0 \u00a0 \u00a0Requests  that the UN Secretary-General transmit the report of the Commission of  Inquiry to the Security Council pursuant to his authority under Article  99 of the UN Charter. <\/p>\n<p>  \u00b7 \u00a0 \u00a0 \u00a0 \u00a0Reminds  states that crimes against humanity are crimes over which any state may  exercise universal jurisdiction. <\/p>\n<p>  \u00b7 \u00a0 \u00a0 \u00a0 \u00a0Reminds  states of their obligations under international law with regard to refugees  and asylum-seekers; and <\/p>\n<p>  \u00b7 \u00a0 \u00a0 \u00a0 \u00a0Decides  to appoint a Special Rapporteur to begin work as soon as the Commission  of Inquiry&rsquo;s mandate ends to ensure monitoring if the situation and of  the implementation of the Commission&rsquo;s recommendations. <\/p>\n","protected":false},"excerpt":{"rendered":"<p>\nAMNESTY INTERNATIONAL\n<\/p>\n<p>\n  2 December 2011\n<\/p>\n<p>\n  Amnesty International submitted the following written  statement to the 18th Special Session of the UN Human Rights Council on the  human rights situation in the Syrian Arab Republic that was held in Geneva, on  2 December 2011.<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-414","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/dchrs.org\/index.php?rest_route=\/wp\/v2\/posts\/414","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dchrs.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dchrs.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dchrs.org\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/dchrs.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=414"}],"version-history":[{"count":0,"href":"https:\/\/dchrs.org\/index.php?rest_route=\/wp\/v2\/posts\/414\/revisions"}],"wp:attachment":[{"href":"https:\/\/dchrs.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=414"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dchrs.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=414"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dchrs.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=414"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}