Report Prepared by Syrian Network for Human Rights
Period covered: 18 June 2013 to 25 June 2013
Introduction:
Talkalakh is in-between Homs city and Tartous city, almost 45 km west of Homs and nearly the same distance east of Tartous city.
It has a strategic importance, since it is located on the Homs Tartous highway, adjoined to the Lebanese border just five km north of Lebanon.
Talkalakh is surrounded by villages that are comprised of an Alwite majority.
It had a population of almost 55,000 before its residents were displaced due to the frequent shelling and destruction of homes especially within the last few months, when most of its residents fled out.
Lebanese Hezbollah accompanied by Shabiha and Syrian Government’s Armed Forces initiated a wide attack in the period between 18 June 2013 and 25 June 2013. Many massacres occurred during these attacks, where at least fifteen victims who were killed included two women, and three SFA members. 60 civilians are currently missing and more than 200 victims were killed in the attack. In addition, looting and destruction occurred during this period.
Report details:
Tuesday 18 June 2013 – Lebanese Hezbollah militia accompanied the Shabiha from the Alawite villages surrounding the city, and the Syrian Government’s Armed Troops started a siege on the city where the Syrian Government had cut off communication, electricity, and water.
Thursday 20 June 2013 – After the siege, where they prevented civilians from entering and leaving, they started a very heavy shelling using artillery, rocket launcher, and warplanes. The shelling lasted for two days, and led to 40 injuries.
Saturday 22 June 2013 – Those same troops launched a ground offensive attack accompanied with a large number of tanks and armored vehicles on the north and west side of Talkalakh city. Many neighborhoods fell immediately, including: Tal-Alshamali, Mahata and the western neighborhood. We were able to document five victims, including four civilians: two women; one famous media activist, Mohamd Ahmad Maisara Aldandashi, who was filming the looting and shelling; a lawyer; and one Syrian Free Army. In addition, eighteen victims were killed in the attack.
We received many frequent reports, where we were not able to check the news regarding field executions, and resident kidnapping due to the cut off of communication and the ban imposed on all media and human rights organizations.
Video shows random shelling in the city:
Other video shows the shelling of civilians houses:
Names of victims that we could document:
1- Mohamd Ahmad Maisara Aldandashi, media activist
https://www.facebook.com/photo.php?fbid=544120545629147&set=a.196446397063232.46168.196429423731596&type=1&theater
2- Ahmad Ramez Methqal: Syrian Free Army
https://www.facebook.com/photo.php?fbid=544122372295631&set=a.196446397063232.46168.196429423731596&type=1&theater
3- Lawyer Nawaf Alaakari
4- Ms. Hanadi Aldarzi
5- Ms. Iman Ibrahim
Troops that stormed the city also destroyed the only medical point that existed there and prevented the entry of drugs and ICRC members into the city.
Sunday 23 June 2013 – They started the siege on the rest of the neighborhoods such as the eastern neighborhood, Ghalion mountain neighborhood and Alsook neighborhood, and tried to storm into them. Violent clashes took place between the Syrian Free Army Soldiers and them. The clashes led to many victims and injured persons.
Monday 24 June 2013 – The shelling occurred again in the city of Ras Alnaaba villages, killing many victims, then troops stormed the city and started mop up operations. Many houses were looted and burned. There were also reports of troops raping women.
Tuesday 25 June 2013 – Invasive forces controlled most of the neighborhoods in the city after the Syrian Free Army soldiers pulled from the city to the neighboring countryside. They killed eight civilians in field executions, and residents in city center. More than 30 victims disappeared. Soldiers arrested them and took them to unknown places.
The SNHR documented the victims’ names. It recognized that there are at least fifteen victims: three SFA, twelve civilians, two women, and one media activist:
1- Ali Haidar: Homs / Talkalakh
2- Mahomd Husain Borghali: Homs / Talkalakh
3- Ammar Husain Borghali: Homs / Talkalakh
4- Khudur Hamadi: Homs / Talkalakh
5- Sinan Halom: Homs / Talkalakh
6- Khaled Halom: Homs / Talkalakh
7- Mostafa Shahwan: Homs / Talkalakh
8- Ayman Hasan Hanof: Homs / Talkalakh
9- Ms. Iman Ibrahim: Homs / Talkalakh
10- Lawyer Nawaf Alaakari: Homs / Talkalakh
11- Mohamd Ahmad Maisara Aldandashi, media activist: https://www.facebook.com/photo.php?fbid=544120545629147&set=a.196446397063232.46168.196429423731596&type=1&theater
12- Ms. Hanadi Aldarzi
Syrian Free Army victims:
1- Zakaria Yahia Albasha: Homs / Talkalakh
2- Ahmad Ramez Methqal: Homs / Talkalakh Ahmad Ramez Methqal : Syrian Free – -Army :https://www.facebook.com/photo.php?fbid=544122372295631&set=a.196446397063232.46168.196429423731596&type=1&theater
3- Bashar Alharb: Jablah / Lattakia defeat soldier
The invasive troops established many checkpoints inside the city. Most residents fled out of fear of execution and rape. The city is almost empty, and paralyzed with a lack of movement. Terror and panic prevailed there, contrary of what the Syrian Government said, that they re-secured and stabilized the city allegedly under siege by gangs like Al-Qaeda and Nasra.
Responsibility of States
Responsibility of States for Internationally Wrongful Acts
Responsibility of states for internationally wrongful acts, similarly Customary IHL provides that the state is responsible for all acts committed by the members of its military and security forces. Thus, the state is responsible for wrongful acts committed by its military and security forces, including crimes against humanity.
Prohibition of crimes against humanity are among the rules of jus cogens or peremptory, and punishment of such crimes is compulsory according to the General principles of international law. Moreover, the crimes against humanity are the height of violations against basic human rights, such as the right to life and the prohibition of torture or other cruel, inhuman and degrading treatment. In accordance with the principles of the State’s responsibility in international law. Syria, an Arab Republic holds responsibility for such crimes and violations. It has a duty to ensure punishment of the perpetrators individually and a duty to provide compensation to victims.
SNHR holds all violations committed by Syrian Government Armed Forces to the Syrian government and the General Commander of the army and the armed forces, Bashar Al-Assad. To all the officials of security branches, and to all the financial and moral supporters of those forces, with the legal, judicial, and material consequences to the victims and their families in addition to all the reactions that will come from the families or their friends.
Conclusions:
1- SNHR emphasizes that the collective and individual killings as reported previously was deliberately targeted against unarmed civilians, despite government claims that Al Qaida and other terrorists committed these crimes. Thus, Syria Government’s Armed Forces and Shabiha violated international human rights laws that protect the right of life. In addition to being committed in non-international armed conflicts, the crimes are tantamount to war crimes and violate all the conditions.
2- SNHR emphasizes that the killings that happened in Talkalakh are crimes against humanity, and contain elements of systematic and widespread attacks against the civilian population in that town, where there was a siege, shelling and ground attack, where houses were searched, and executions occurred.
The same applies on rape, kidnapping, looting, and thefts, even if it is relatively minimal when compared to Extrajudicial killings.
3- Random Attacks committed by Syrian Government’s Armed Forces are considered violations of customary international humanitarian law, where it shelled a populated area and not a specific military target.
4- Those attacks, especially the bombings, caused the occasional loss of civilian life, and injury or damage to civilian objects. There are very strong indications to believe that the damage was too excessive when compared to the expected military advantage.
5- Syrian Government’s Armed Forces and Shabiha committed various types of cruel and inhuman acts of torture against people in violation of the State’s obligations under international humanitarian law and international human rights law.
6- SNHR emphasizes that the Syrian Government’s Armed Forces and Shabiha committed the war crime of looting, and contributed to the destruction and burning of property during the search of homes in the events of Talkalakh.
7- The volume of the massacre and repeated nature of the massacres, the excessive force used and random nature of the shelling and coordinated nature of the attack couldn’t occur unless they were instructed by a high authority. This is a state policy.
Recommendations:
Syrian Government:
1- Immediately stop all human rights violations.
2- Respect international obligations of protection of civilians in time of war, and respect the rules of international humanitarian law and international human rights law.
Human Rights Council:
1- Demand the Security Council and concerned international institutions to uphold their responsibilities for what’s happening to the Syrian People regarding the killing, rape, displacement, and arrests.
2- Pay more serious attention to cases involving death by torturing, which are considered as the worst type of crimes at all.
3- Pressure the Syrian Government Troops to stop torturing and killing civilians, and to release those who were kidnapped and arrested.
4- Hold allies and supporters of the Syrian Government Troops: Russia, Iran, and China, morally and physically responsible for what’s happening to the Syrian people.
Security Council:
1- Decide to refer all the criminals and others involved to the ICC.
2- Warn the Syrian Government Troops of the repercussions of using brutal methods to rupture the stability of civil peace and coexistence between the people of the same society.
Arab League:
1- Demand the Human Rights Council and the United Nations to give serious and right attention in order to stop the daily killing.
2- Political and diplomatic pressure on the Syrian Government Troops’s main allies -Russia, Iran, and China – to prevent them from continuously providing cover and international and political protection for all the crimes committed against the Syrian people, and hold them morally and physically responsible for all the excess violence caused by the Syrian Government Troops.
3- Serious attention of this case and give it a high priority, and try to take care of victims’ families psychologically, materially, and educationally.
