syria-un-20130816 10

A/HRC/24/46 10 59. Medical staff were arrested on the pretext of “having supported terrorists” when they provided medicine or medical aid to fighters. Many Red Crescent volunteers were detained for “assisting terrorists”. 60. The arrest or detention of persons on discriminatory grounds violated the State’s human rights obligations. Medical staff are protected under international law irrespective of the party to which their patients belong. Depriving detainees of such fundamental rights as the presumption of innocence, being informed of the charges against them to having their detention reviewed by an independent authority violates international human rights law and international humanitarian law. 2. Anti-government armed groups 61. The number of people detained by anti-government armed groups is rising, as are instances of arbitrary arrest and illegal detention. In April, a doctor in Aleppo was detained for refusing to allow Jabhat Al-Nusra to hoist its flag over a field hospital. More than 150 people were detained in the same location, and none had access to counsel. Family visits were also prohibited. In Ar Raqqah, ISIS is holding several hundred prisoners, including community activists and women. The legal basis for anti-government groups detaining individuals is unclear. There is no indication that detainees are being granted their fundamental rights. 3. Kurdish armed groups 62. In areas under Kurdish control, arbitrary arrest is also on the rise. In March, a woman protesting in Afrin against YPG was arrested. In May, YPG forces detained opposition activists. YPG was involved in “tit-for-tat” abductions with other opposition groups. While an ad hoc judicial mechanism exists, its efforts to exercise authority over detainees appear limited. C. Hostage-taking 63. Hostage-taking and kidnapping have risen sharply. Armed men, motivated by financial gain or to exchange prisoners held by opposing forces, abduct and hold individuals under threat of death. Scores remain captive; others have been released after negotiation. In the period under review, dozens were killed. 1. Government and pro-government forces 64. Pro-government militia were involved in kidnappings in volatile areas across the Syrian Arab Republic. Multiple cases of kidnappings occurred among groups inside, and those laying siege to, Nubl (Aleppo). One interviewee described these abductions as “quite common”. In February, in Al-Hajar Al-Aswad (Damascus), two older men in a car were seized while passing through a checkpoint manned by National Defence Forces. Their families were later approached and ransom was sought for their release. 2. Anti-government armed groups 65. Kidnapping and hostage-taking by armed groups also revolved around ransoms and prisoner exchange. On 25 March, following the arrest of a fighter’s wife and children by pro-government forces (see paragraphs 54 to 62), a group of fighters abducted three women from Al-Suqaylabiyah (Hamah). The kidnappers contacted a religious leader, and informed him of the abduction and the conditions for release. Abductees from both sides were allowed a phone call to their families. An exchange was negotiated and all women were released unharmed