syria-un-20160203 3

A/HRC/31/CRP.1 3 8. International human rights jurisprudence establishes that the burden is primarily on the State to prove that the death of a person in its custody did not result from acts or omissions attributable to it. This follows from the high level of control exercised by State authorities over the custodial environment and applies to deaths occurring in civilian prisons as well as in detention facilities under the control of the military or security apparatus. All deaths of detainees in State custody must therefore be the subject of an independent, transparent and comprehensive investigation. Failure to conduct such an investigation may in and of itself incur the responsibility of the State for the death of the victim. 9. The prohibition of summary and extrajudicial executions or killings applies regardless of detainees’ status or of any offenses with which they may be charged. Sanctions may only be imposed after a trial conducted in accordance with due process standards. Both international human rights and humanitarian law contain rules ensuring that criminal justice is not carried out in secret. Detainees have the right to challenge the legality of their detention, to be informed of charges brought against them and to be represented by counsel. 10. These obligations are non-derogable and apply in situations of armed conflict as well as in times of peace. They are indispensable to prevent impunity for the deaths of prisoners, persons held incommunicado and victims of enforced disappearance. They form core principles for safeguarding the right to life. 11. Article 3 common to the 1949 Geneva Conventions, to which the Syrian Arab Republic is a State party, and other international customary law applicable in armed conflict outlaw murder, torture, and execution without due process. These obligations are binding on all non-State armed groups and State agents taking part in hostilities. Non-State armed groups, and nationals of foreign governments participating in hostilities, are furthermore bound by obligations to protect and respect the human rights of persons in the areas they operate. 12. The possible commission of crimes against humanity and war crimes were analysed on the basis of definitions set out in the Rome Statute of the International Criminal Court, which largely codifies customary international criminal law. Jurisprudence from international criminal tribunals, in particularly the International Criminal Tribunals for the former Yugoslavia and for Rwanda, was instructive. 13. Security Council Resolution 2191 (2014) demanded that all parties to the Syrian armed conflict end practices resulting in extrajudicial killings and executions, torture, enforced disappearance, and other violations of international law in the Syrian Arab Republic. No party to the conflict has, as yet, taken measures to implement this resolution either by amending their policing, interrogation or detention practices, ensuring the due process of law or preventing summary execution or arbitrary arrest. As such, the resolution has remained wholly unimplemented and ineffective. Domestic law and judicial procedures 14. The Syrian Arab Republic is party to international conventions that protect the lives of detainees and prohibit killings and summary executions, enforced disappearance, torture and other forms of ill treatment, including the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and the Arab Charter on Human Rights. The responsibility of the State includes to provide victims of violations with an effective remedy, including reparation, and to undertake prompt and impartial investigations of alleged violations