Syria Justice Accountability Centre: Deaths in Secrecy, the Plight of Syrian Detainees

The UN Human Rights Council (HRC) recently released a report on the systematic abuses and deaths of detainees in Syria. The report used 621 interviews and considerable documentary material to expose a staggering number of international law violations regarding the treatment of detainees by all parties to the Syrian conflict. The Syria Justice and Accountability Centre (SJAC) summarized the report’s findings into the following four conclusions:

1. All parties to the conflict have committed violations against detainees, but the Syrian government’s violations are more systematic and on a larger scale than other groups. 

Although the Syrian government has consistently denied the HRC and other international human rights monitoring organizations unfettered access to its territory, eyewitness accounts and documentary evidence strongly suggest that tens of thousands of people are detained by the government at any one time. The HRC report notes that, since March 2011, a countrywide pattern emerged in which civilians, mainly males above the age of 15, were arbitrarily arrested and detained by the government. According to former detainees, prisoners in State run detention facilities are often subject to beatings, torture, and inhumane living conditions, regularly being denied access to clean food, water, or medical attention. Over 200 of the 621 former detainees interviewed for this report witnessed one or more deaths in custody as a result of ill treatment.

The report also found that anti-government groups, Jabhat al-Nusra, and ISIS have subjected detainees to serious abuses, including torture and summary executions. However, the number of detainees held by these groups is believed to be much lower than the number held by the Syrian government. Additionally, unlike the Syrian government, the report found no institutionalized or consistent practice of mass arrests and arbitrary detention, torture, and killing of detained civilians by anti-government groups. Less documentation is available for Jabhat al-Nusra and ISIS; nevertheless, in a recent article, SJAC argued that ISIS has brutal detention practices which seem to have developed into standardized procedures.  

2. Syrian state institutions have failed to respect their obligations under international and national law.

Customary international law, which applies to all nations, prohibits enforced disappearance, arbitrary deprivation of liberty, murder, torture, rape, and the conviction or sentencing of a person without a fair trial. Summary and extrajudicial executions or killings are also prohibited, regardless of detainees’ status or alleged offenses. According to the HRC report:

“Through its widespread conduct of mass arrests, arbitrary arrests and enforced disappearance, victimising the general civilian population living in restive areas and persons otherwise perceived to be in opposition to the Government, and the ensuing ill treatment and killing of those detained, Government forces have engaged in the multiple commissions of crimes, amounting to a systematic and widespread attack against a civilian population.”

The Syrian government’s treatment of detainees is also in violation of the Syrian Constitution, which prohibits torture, provides due process guarantees, and outlaws arbitrary detention. State institutions have repeatedly failed to investigate violations of human rights in State run detention facilities. By the same token, Syria’s criminal justice system has systematically failed to uphold human rights standards — the consistent denial of habeas corpus to the issuance of death penalties without due process to the overly broad interpretation of criminal provisions to deny citizens their rights and freedoms.

3. Even though the violations are happening in secret, there are large numbers of victims.

Unlike barrel bombs and public beheadings that are filmed and posted online, deaths in custody occur in secrecy. Despite these abuses not being as visible as other types of violations, they have had a devastating impact on Syrian society, with many people losing loved ones and little to no information provided for closure regarding their fate. For the most part, the government has failed to provide cause of death, documentation, access to remains, or information to victims’ next of kin. In cases where relatives of the deceased are provided a death certificate, the cause of death is commonly listed as “heart attack.” Due to the secrecy around many of these deaths, there has been little to no international or political discourse on the issue.

4. There is a need for international action and accountability.

The UN Security Council issued Resolution 2191 in 2014 which demanded an end to all practices of executions, extrajudicial killings, torture, enforced disappearance, and other violations of international law by all parties involved in the Syria conflict. To date, no party has taken sufficient measures to respect or implement this resolution. Moreover, the Syrian government has consistently denied international organizations and commissions unrestricted access to its territory. Immediate access to all detention facilities is needed so international observers can monitor and record human rights violations. SJAC recently helped draft a statement that advocates for this and other transitional justice mechanisms in Syria.

The HRC report also emphasizes that “Accountability for these and other crimes must form part of any political solution.” Accountability requires high quality documentation that can corroborate information that the UN has already collected. It can also add to the number of former detainees interviewed. In addition to assigning culpability, proper documentation can be used to acknowledge and provide redress to individuals who were arbitrarily detained and tortured.

Through its documentation efforts in Syria and neighboring countries, SJAC is committed to interviewing victims of torture and former detainees according to the Do No Harm principle, but the large number of cases of abuse requires the efforts of many individuals and groups working together to expose these atrocities. SJAC will continue to help provide human rights defenders with resources and advice on documentation best practices to ensure that human rights violations are comprehensively documented and preserved so that they may be used in transitional justice and peace building efforts.

For more information and to provide feedback, please email SJAC at info@syriaaccountability.org.

IPSI: The Hague 2016

The Hague, The Netherlands

July 9 – July 30, 2016

At the 2016 The Hague Symposium, in cooperation with Clingendael Institute, you will grapple with the “wicked questions” around post-conflict transitions and international justice that continue to challenge policymakers, scholars, and practitioners.  By learning about available mechanisms, options, and theories, you will gain a cross-sectoral perspective and a new way of thinking about why some transitions succeed where others fail.

In an intense and academically rigorous three weeks of interactive lecture, discussion, and experiential education led by the field’s foremost political leaders, scholars, practitioners, and advocates, you will contextualize the issues that drive these wicked questions, discover ways to make sense of the complexities of post-conflict transitions, and anticipate appropriate means for breaking the cycles of violence and vengeance so that those who have been victimized by human rights violations find justice. You will gain a deeper understanding of the concepts, controversies, and institutions surrounding the implementation of post-conflict strategies, including security, justice, political, and social mechanisms.  You will examine which elements have contributed to success and which to failure, as well as gain a thorough understanding of the interplay between dynamics that can and cannot be controlled in a given scenario.

All participants will receive a Post-Graduate Certificate in “Post-Conflict Transitions & International Justice” upon completion of the course.  Participants  who choose to undertake additional rigorous assignments will have the opportunity to earn a  Post-Graduate Certificate in “Post-Conflict Transitions & International Justice with Distinction.”

For more information, please see:

http://ipsinstitute.org/the-hague-2016/

Cameroon Continues Battle Against Boko Haram

By Tyler Campbell

Impunity Watch Reporter, Africa

 

ABUJA, Nigeria – This Friday Cameroon reported that its military, working in conjunction with Nigerian forces, had killed 92 Boko Haram militants and freed 850 villagers from the small Nigerian town of Kumshe. This is the latest victory claimed in the fight against Boko Haram, a group that the U.S. has labeled as the most violent armed group in the world.

Photo of a raided Boko Haram camp in Nigeria. Photo Courtesy of the Guardian

It is reported that during the raid five soldiers were injured and two Cameroon soldiers were killed when a mine accidentally exploded. Besides freeing 850 villagers the multinational group also seized arms, ammunition, and what seemed to be a homemade mine production site.

While nations like Nigeria and Cameroon continue to have success against Boko Haram in traditional combat settings, guerrilla type tactics continue to be a problem. These types of attacks are reported to be responsible for the deaths of over 20,000 and the displacement of over 2 million since 2009, when Boko Haram first started their campaign.

Cameroon and Nigeria have seen some of the worst of the Boko Haram campaign but the violence has spilled over to Chad and Niger as well. In just this past year Cameroon has lost as many as 1,000 people to Boko Haram attacks and suicide bombings. The group has shown no signs of slowing down through the first two months of 2016.

Beginning in January the group attacked the northern Nigerian village of Dalori multiple times in a string of days and killed 86 and injured multiple others. February began with two suicide bombings in Cameroon that killed 12 and injured as many as 50. Boko Haram later claimed responsibility for those bombings.

Besides death and destruction the actions of this group have had other negative effects on the area. The group is known for targeting children and in response many parents have kept their children out of school for fear they will be taken. This group first gained national recognition after they kidnapped 276 schoolgirls from a Nigerian boarding school.

Nigerian president Buhari ran on a platform that promised to defeat Boko Haram by the end of 2015. Unfortunately, it does not appear that his goal was met although, he says that there have been marked improvements on the ground. Boko Haram’s switch to guerrilla style tactics and heavy use of IED’s is seen as a positive sign by the president instead of a negative.

 

For more information, please see:

Al Jazeera – Cameroon: 92 Boko Haram fighters killed in Nigeria – 27 Feb. 2016

All Africa – Cameroon – 92 Boko Haram Fighters Killed in Nigeria – 27 Feb. 2016

The Guardian – Cameroon says 92 Boko Haram militants killed and 850 captives freed – 26 Feb. 2016

Reuters – Cameroon says its army kills 92 militants in operation with Nigeria – 26 Feb. 2016

China Gives Protestant Pastor 14 Year Prison Sentence

By Christine Khamis

Impunity Watch Reporter, Asia

BEIJING, China –

A Chinese court has convicted Protestant pastor Bao Guohua and his wife Xing Wenxiang of corruption, financial crimes, and gathering people to disturb the social order.

Protestant pastor Bao Guohua and his wife Xing Wenxiang. (Photo courtesy of BBC)

Chinese media report that Mr. Bao and Ms. Xing have been found guilty of embezzling money from his church congregation in Zhejiang Province. They’ve been accused of “living greedy lives” by local law enforcement and state-run media, who claim that valuables and cash from church members’ donations were found in the couple’s home. Mr. Bao and Ms. Xing will serve 14 year and 12 year sentences, respectively. The court also ordered the confiscation of $92,000 from each spouse and fines totaling around $30,000.

Mr. Bao and his wife have been detained since August. A court has also sentenced 10 other people, including members of Mr. Bao’s church and potentially members of Jinhua, a Christian group. The details of those charges are not yet clear.

The couple’s arrest could be part of a government crackdown on Christianity in the region. Zhejiang Province has worked in recent years to limit the influence of Christian churches and organizations. Over 1,200 crosses have been removed from churches throughout the past two years, and some churches have been completely demolished. Authorities in the area claim that the crosses violate planning rules. Human Rights Watch reports that at least 100 Christians have been detained for resisting the cross removals.

Mr. Bao’s church had previously been officially approved by the government, but he then defied an order to take down the church’s cross. He was one of only a few government-approved pastors who defied the orders to remove crosses.

Around 60 million Protestant Christians live in China, with 23 million belonging to state-backed Three-Self Patriotic Movements. Only five religions are officially approved and may only be practiced in specific religious premises.

 

For more information, please see:

BBC News – China Pastor Who Resisted Cross Removals Jailed for Corruption – 26 February 2015

The New York Times – Pastor in China Who Resisted Cross Removal Gets 14 Years in Prison – 26 February 2016

FTC Publications – Chinese Pastor Jailed for Corruption – 26 February 2016

Radio Free Asia – China Jails Protestant Pastor Couple For 12, 14 Years – 25 February 2016