RES/27/16 The continuing grave deterioration in the human rights and humanitarian situation in the Syrian Arab Republic

GE.14-17964 (E)



Human Rights Council Twenty-seventh session

Agenda item 4

Human rights situations that require the Council’s attention

Resolution adopted by the Human Rights Council

27/16

The continuing grave deterioration in the human rights and

humanitarian situation in the Syrian Arab Republic

The Human Rights Council,

Guided by the Charter of the United Nations,

Reaffirming all previous Human Rights Council resolutions on the Syrian Arab

Republic,

Reaffirming also its strong commitment to the sovereignty, independence, unity and

territorial integrity of the Syrian Arab Republic,

Condemning the grave deterioration of the human rights situation and the

indiscriminate killing and deliberate targeting of civilians as such, in violation of

international humanitarian law, and acts of violence that may foment sectarian tensions,

Welcoming Security Council resolutions 2139 (2014) of 22 February 2014 and 2165

(2014) of 14 July 2014, expressing grave concern at their lack of implementation, and

noting their demand for rapid, safe and unhindered humanitarian access,

Welcoming also the appointment of Staffan de Mistura as Special Representative of

the United Nations for Syria and diplomatic efforts aimed at finding a political solution,

Reaffirming its commitment to Security Council resolution 2170 (2014) of 15

August 2014,

Recalling the statements made by the United Nations High Commissioner for

Human Rights and by the special procedures of the Human Rights Council that crimes

against humanity and war crimes are likely to have been committed in the Syrian Arab

Republic, and noting the repeated encouragement by the High Commissioner to the

Security Council to refer the situation to the International Criminal Court,

Expressing its deepest concern about the findings of the independent international

commission of inquiry on the Syrian Arab Republic and also the allegations contained in

the evidence presented by “Caesar” in January 2014 regarding the torture and execution of

United Nations A/HRC/RES/27/16

General Assembly Distr.: General 3 October 2014

Original: English

persons incarcerated by the current Syrian regime, and underscoring the need for those

allegations and similar evidence to be collected, examined and made available for future

accountability efforts,

Strongly condemning the lack of cooperation by the Syrian authorities with the

commission of inquiry,

1. Welcomes the reports of the independent international commission of inquiry

on the Syrian Arab Republic, and notes the importance of the work of the commission of

inquiry and the information it has collected in support of future accountability efforts, in

particular, information on alleged perpetrators violating international law;

2. Demands that the Syrian authorities cooperate fully with the commission of

inquiry, including by granting it immediate, full and unfettered access throughout the

Syrian Arab Republic;

3. Strongly condemns all violations and abuses of international human rights

law and all violations of international humanitarian law committed against the civilian

population, in particular all indiscriminate attacks, including those involving the use of

barrel bombs against civilian populated areas and civilian infrastructure, and demands that

all parties immediately demilitarize medical facilities and schools and comply with their

obligations under international law;

4. Expresses its deep concern at reports from the commission of inquiry and the

Office of the United Nations High Commissioner for Human Rights on the suffering and

torture in detention centres throughout the Syrian Arab Republic;

5. Calls for the appropriate international monitoring bodies to be granted access

to detainees in government prisons and detention centres, including the military facilities

referenced in the reports of the commission of inquiry;

6. Expresses grave concern over the commission of inquiry’s reports on

prisoners in government facilities being held in dire conditions, denied medical assistance

and food and subjected to torture, and over the restrictions placed on food and medical

supplies reaching Aleppo Central Prison and other detention facilities by a number of

groups, including Jabhat al-Nusra;

7. Strongly condemns the reports of widespread use of sexual violence in

government detention centres, including those run by the intelligence agencies, and notes

that such acts may constitute violations of international humanitarian law and international

human rights law;

8. Reaffirms the Syrian authorities’ responsibility for enforced disappearances,

and takes note of the commission of inquiry’s assessment that the Syrian authorities’ use of

enforced disappearances amounts to a crime against humanity, and also condemns the

targeted disappearances of young men following government-brokered ceasefires;

9. Demands that the Syrian authorities meet their responsibilities to protect the

Syrian population;

10. Strongly condemns practices including abduction, hostage-taking,

incommunicado detention, torture and killings carried out by non-State armed groups, most

notably the so-called Islamic State in Iraq and the Levant, and underlines that such acts may

amount to crimes against humanity;

11. Expresses grave concern at allegations of torture in detention facilities

controlled by non-State armed groups, and stresses that such acts constitute violations of

international humanitarian law and abuses of human rights;

12. Expresses particular concern about the abduction, incommunicado detention

and torture of human rights defenders by the Syrian authorities and armed opposition

groups, and calls for their immediate and unconditional release;

13. Strongly condemns the intervention in the Syrian Arab Republic of all foreign

terrorist fighters and those foreign combatants fighting on behalf of the regime, particularly

militia groups from the region, and expresses deep concern that their involvement, and that

of other militias like the shabbiha, further exacerbates the deteriorating human rights and

humanitarian situation, which has a serious negative impact on the region;

14. Also strongly condemns the arbitrary arrest, detention, ill-treatment and

torture of children by government forces for their or their relatives’ alleged support to

opposition groups;

15. Demands that the Syrian authorities, the so-called Islamic State in Iraq and

the Levant and all other groups halt the arbitrary detention of civilians, both Syrian and

non-Syrian nationals, and release all civilians detained;

16. Also demands that the Syrian authorities end incommunicado detention and

ensure that detention conditions are consistent with international law, and calls upon the

Syrian authorities to publish a list of all detention facilities;

17. Condemns all violations and abuses committed against journalists and media

activists, human rights defenders, humanitarian aid providers, and recognizes their role in

documenting protests and human rights violations and abuses in the Syrian Arab Republic;

18. Strongly condemns the use of chemical weapons and all indiscriminate

methods of warfare in the Syrian Arab Republic, which is prohibited under international

law, and notes with grave concern the commission of inquiry’s finding that the Syrian

authorities have repeatedly used chlorine gas as an illegal weapon, which constitutes a

violation of the Convention on the Prohibition of the Development, Production, Stockpiling

and Use of Chemical Weapons and on Their Destruction and is prohibited under

international law;

19. Notes the reporting of the commission of inquiry, including on the amount

and type of crimes committed, in which it assesses that crimes against humanity and war

crimes have been and continue to be committed in the territory of the Syrian Arab

Republic;

20. Also notes that the International Criminal Court was established to help to

end impunity for such crimes where the State is unwilling or unable to genuinely carry out

investigations or prosecutions;

21. Emphasizes the need to ensure that all those responsible for violations of

international humanitarian law or violations and abuses of human rights law are held to

account through appropriate fair and independent domestic or international criminal justice

mechanisms, and stresses the need to pursue practical steps towards this goal, noting the

important role that the International Criminal Court can play in this regard;

22. Reaffirms that, in the context of an inclusive and credible dialogue, the Syrian

people should determine the appropriate process and mechanisms to achieve justice,

reconciliation, truth and accountability for gross violations and abuses of international law,

as well as reparations and effective remedies for victims;

23. Also reaffirms its commitment to international efforts to find a political

solution to the Syrian crisis that meets the legitimate aspirations of the Syrian people for a

civil, democratic and pluralistic State, where all citizens are equal, regardless of gender,

religion and ethnicity;

24. Expresses deep concern at the growing number of refugees and internally

displaced persons fleeing the violence, and welcomes the efforts by neighbouring countries

to host Syrian refugees while acknowledging the socioeconomic consequences of the

presence of large-scale refugee populations in those countries;

25. Strongly condemns the intentional denial of humanitarian assistance to

civilians, from whatever quarter, and in particular the Syrian authorities’ denial of medical

assistance and the withdrawal of water and sanitation services to civilian areas, stressing

that the starvation of civilians as a method of combat is prohibited under international law;

26. Urges the international community, including all donors, to provide urgent

financial support to enable the host countries to respond to the growing humanitarian needs

of Syrian refugees, while emphasizing the principle of burden-sharing;

27. Calls upon all members of the international community to respond

expeditiously to the Syrian humanitarian appeal and to fulfil previous pledges;

28. Urges those countries with influence over the Syrian parties to take all

measures to encourage the parties to the conflict to negotiate constructively and on the basis

of the call made in the Geneva communiqué for the formation of a transitional governing

body;

29. Decides to transmit all reports and oral updates of the commission of inquiry

to all relevant bodies of the United Nations, including the General Assembly, and the

Secretary-General for appropriate action;

30. Also decides to remain seized of the matter.

39th meeting

25 September 2014

[Adopted by a recorded vote of 32 to 5, with 10 abstentions. The voting was as follows:

In favour:

Argentina, Austria, Benin, Botswana, Brazil, Burkina Faso, Chile, Costa

Rica, Côte d’Ivoire, Czech Republic, Estonia, France, Gabon, Germany,

Indonesia, Ireland, Italy, Japan, Kuwait, Maldives, Mexico, Montenegro,

Morocco, Peru, Republic of Korea, Romania, Saudi Arabia, Sierra Leone, the

former Yugoslav Republic of Macedonia, United Arab Emirates, United

Kingdom of Great Britain and Northern Ireland, United States of America

Against:

Algeria, China, Cuba, Russian Federation, Venezuela (Bolivarian Republic

of)

Abstaining:

Congo, Ethiopia, India, Kazakhstan, Kenya, Namibia, Pakistan, Philippines,

South Africa, Viet Nam]