A/HRC/RES/42/27
them to provide families with death certificates and the remains of their relatives whose fate
has been disclosed, including those who have been summarily executed, to take all
appropriate measures immediately to protect the lives and rights of all persons currently
detained or unaccounted for, and to clarify the fate of those who remain missing or are still
in custody;
19.
Recognizes the permanent damage that torture and ill-treatment, including
sexual abuse and violence, causes to its victims and their families, and condemns the denial
of medical services in all prisons and detention facilities;
20.
Strongly condemns the use of sexual violence, torture and ill-treatment,
particularly in detention facilities run by the Syrian authorities, including those acts
referenced by the Commission of Inquiry in its reports and those depicted in the evidence
presented by “Caesar” in January 2014, and recalls that such acts may constitute violations
and abuses of international human rights law or violations of international humanitarian
law;
21.
Also strongly condemns the continued widespread practices of enforced
disappearance and arbitrary detention, notably widespread in areas where the Syrian
authorities have retaken control, and notes that the Commission of Inquiry has
comprehensively highlighted that the arbitrary detention of tens of thousands of individuals
represents an urgent and large-scale crisis of human rights protection;
22.
Urges all parties to take heed of the recommendations made by the
Commission of Inquiry on the issue of detainees, in particular its calls for appropriate
international monitoring bodies to be granted immediate access without undue restriction to
all detainees and detention facilities, and for all parties, in particular the Syrian authorities,
to publish a list of all detention facilities, to allow access to medical services for all
detainees and to provide information on those whom they have detained to their families;
23.
Demands the immediate release of all persons arbitrarily detained, including
women, children, older persons, persons with disabilities, human rights defenders,
humanitarian aid providers, medical personnel, the wounded and sick, and journalists, and
notes the importance of ensuring justice for those arbitrarily detained;
24.
Notes the continued functioning of the Working Group on the release of
detainees/abductees, the handover of bodies and the identification of missing persons,
composed of Turkey, the Russian Federation and the Islamic Republic of Iran, as well as
the United Nations, positively notes the reports of the simultaneous release, facilitated by
the Working Group, of detainees by the conflicting parties on 24 November 2018 and on 12
February, 22 April and 31 July 2019, and underlines the need for further sustained and
large-scale concrete steps on this issue, and reiterates that all parties to the conflict must
abide by their obligations under international humanitarian law and international human
rights law, as applicable;
25.
Welcomes Security Council resolution 2474 (2019) of 11 June 2019, and calls
upon parties to the armed conflict in the Syrian Arab Republic to take all appropriate
measures to actively search for persons reported missing, to enable the return of their
remains, and to account for persons reported missing without adverse distinction, and to put
in place appropriate channels enabling response and communication with families on the
search process, to take appropriate measures to prevent persons from going missing as a
result of the armed conflict, while paying utmost attention to cases of children reported
missing as a result of the armed conflict, and to take appropriate measures to search for and
identify those children;
26.
Expresses its profound concern at the findings of the Commission of Inquiry
that sexual and gender-based violence against women, girls, men and boys has been a
persistent issue in the Syrian Arab Republic since the uprising in 2011, that rape and other
forms of sexual and gender-based violence continue to occur, and that women and girls
have been disproportionately affected and victimized on multiple grounds;
27.
Notes the findings of the Commission of Inquiry that such acts of sexual and
gender-based violence were committed most commonly by Syrian authorities and
associated militia, as well as by so-called Islamic State in Iraq and the Levant (Daesh), that
5