Press briefing note on Syria

联合国人权事务高级专员代言人：鲁珀特·科尔维尔
地点：日内瓦
日期：2012年7月3日

Yesterday, as you have heard, the High Commissioner for Human Rights Navi Pillay addressed the Security Council. It was a closed-door session, but diplomats have been briefing on what she said, so I will summarize it for you. She noted the conflict is becoming increasingly sectarian, and gradually eroding the fabric of society. She also said the lack of protection for civilians in Syria is becoming more acute with increasing civilian casualties and limited access to humanitarian assistance and basic services.

With regard to the issue of whether or not it is a conflict, she said there are indications that the situation in Syria – at least in certain areas – may amount to "a non-international armed conflict" (the technical term for what is often called 'internal conflict') thus entailing obligations on both parties under international humanitarian law. We believe that the number of places where this can be said to be the case is on the increase.

The legal obligations of all parties under international human rights law continue to apply throughout Syria, including conflict areas. The High Commissioner recalled that the Government has the primary responsibility under international law to protect civilians.

The current major concern with regard to ongoing conflict is that hundreds remain trapped in Deir-Ezor and the Old City of Homs, unable to leave because of the increasing use of heavy weaponry, shelling and ongoing armed clashes. The High Commissioner noted that the situation remains critical, with civilians unable to access medical treatment, food, water or electricity.

She also told the Security Council that she believes the ongoing provision of arms to the Syrian Government and to its opponents is feeding additional violence, and said that any further militarization of the conflict must be avoided at all costs.

Last month, her office -- that is OHCHR (not the independent Commission of Inquiry on Syria) -- concluded an investigative mission in countries neighbouring Syria, documenting additional serious human rights violations by both parties similar to those raised by the Commission of Inquiry on Syria, which gave an update to the Human Rights Council last week. During the mission OHCHR interviewed victims, witnesses, defectors, as well as organizations providing assistance to victims. Our findings indicate that civilians remain under threat or are subjected to the frequent indiscriminate and often disproportionate shelling by Government forces. Targeted killings by Government forces of activists and opposition supporters have increased, as have killings of suspected Government informers and perceived collaborators by armed opponents.

Information about arbitrary arrest and detention of several thousand persons, including children, women, political activists and peaceful demonstrators was also documented. Credible reports indicate that armed opponents have kidnapped or abducted civilians and security personnel and, in some instances, demanded ransom or ammunition in exchange for releases.

The systematic torture and inhumane treatment of detainees, including children and women, remain of grave concern. During the recent mission, OHCHR interviewed victims of multiple forms of torture, including severe beatings, electric shocks, cigarette burns, mock executions, sleep deprivation and psychological torture. Detainees are also held in inhumane conditions and deprived of water, food and medical care. Information on rape and sexual violence against men, women and children by Government forces either in detention or during house raids has also been gathered. Once again, the High Commissioner urged the Government to immediately halt these practices.

She also reiterated her call to the Security Council to refer the case of Syria to the International Criminal Court.

In response to a question on a report on torture published today by Human RIghts Watch:

Torture is one of the most extensively documented of the many awful human rights violations that have been taking place in Syria over the past 15 months. In addition to the report published today by Human Rights Watch, and the information gathered by the recent OHCHR mission which I just mentioned, the use of torture has been extensively tracked by the Commission of Inquiry in its various reports and updates, and also by the first such investigative body, the OHCHR Fact-Finding Mission, which produced the first such report almost exactly a year ago. There is extensive material on torture in all these reports, and taken together they appear to show it has been widespread and systematic, which are the elements that would make it a crime against humanity. Torture is totally outlawed under international law. The key article (2.2) from the Convention against Torture states that "no exceptional circumstances whatsoever, whether a state of war, internal political instability or any other public emergency, may be invoked as a justification of torture."

In response to a question about the new anti-terrorism law enacted by the Syrian Government on Monday:

Counter-terrorism measures must at all times be fully compliant with international human rights standards. We are still examining the texts of the new laws, and can't give a detailed analysis yet. But we have a number of concerns already. One of these is that the new law invokes the death penalty -- international law requires that the application of the death penalty shall be limited to the “most serious crimes,” which is generally interpreted to mean it should only be applied to the crime of murder. When applying the law, Syria must ensure scrupulous respect of due process guarantees. These guarantees include: the imposition of a death sentence upon conclusion of a fair trial, and it is doubtful in light of the situation on the ground that a fair trial by an independent and impartial court can currently take place in Syria. In addition, those accused of capital offences must be effectively assisted by a lawyer at all stages of the proceedings. Furthermore, executions should not take place when an appeal or other recourse is pending. There must be the possibility for the individual concerned to seek pardon or commutation of the sentence. We have other concerns about definitions contained in the law and other aspects, but there needs to be further analysis.

ENDS

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