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Syria: War Crimes in Idlib During Peace Negotiations

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Executions, Destruction of Property, and Arbitrary Detentions

(New York) – Syrian government forces killed at least 95 civilians and burned or destroyed hundreds of houses during a two-week offensive in northern Idlib governorate shortly before the ceasefire, Human Rights Watch said in a report released today. The attacks happened in late March and early April, as United Nations special envoy Kofi Annan was negotiating with the Syrian government to end the fighting.



The 38-page report, “‘They Burned My Heart’: War Crimes in Northern Idlib during Peace Plan Negotiations,” documents dozens of extrajudicial executions, killings of civilians, and destruction of civilian property that qualify as war crimes, as well as arbitrary detention and torture. The report is based on a field investigation conducted by Human Rights Watch in the towns of Taftanaz, Saraqeb, Sarmeen, Kelly, and Hazano in Idlib governorate in late April.



“While diplomats argued over details of Annan’s peace plan, Syrian tanks and helicopters attacked one town in Idlib after another,” said Anna Neistat, associate director for program and emergencies at Human Rights Watch. “Everywhere we went, we saw burnt and destroyed houses, shops, and cars, and heard from people whose relatives were killed. It was as if the Syrian government forces used every minute before the ceasefire to cause harm.”






Human Rights Watch documented large-scale military operations that government forces conducted between March 22 and April 6, 2012, in opposition strongholds in Idlib governorate, causing the death of at least 95 civilians. In each attack, government security forces used numerous tanks and helicopters, and then moved into the towns and stayed from one to three days before proceeding to the next town. Graffiti left by the soldiers in all of the affected towns indicate that the military operation was led by the 76th Armored Brigade.



In nine separate incidents documented by Human Rights Watch, government forces executed 35 civilians in their custody. The majority of executions took place during the attack on Taftanaz, a town of about 15,000 inhabitants northeast of Idlib city on April 3 and 4.



A survivor of the security forces’ execution of 19 members of the Ghazal family in Taftanaz described to Human Rights Watch finding the bodies of his relatives:

We first found five bodies in a little shop next to the house. They were almost completely burnt. We could only identify them by a few pieces of clothes that were left. Then we entered the house and in one of the rooms found nine bodies on the floor, next to the wall. There was a lot of blood on the floor. On the wall, there was a row of bullet marks. The nine men had bullet wounds in their backs, and some in their heads. Their hands were not tied, but still folded behind.

Human Rights Watch researchers were able to observe the bullet marks on the wall that formed a row about 50-60 cm above the floor. Two of those executed were under 18 years old.



In several other cases documented by Human Rights Watch, government forces opened fire and killed or injured civilians trying to flee the attacks. The circumstances of these cases indicate that government forces failed to distinguish between civilians and combatants and to take necessary precautionary measures to protect civilians. Government forces did not provide any warning to the civilian population about the attacks. For example, 76-year-old Ali Ma’assos and his 66-year-old wife, Badrah, were killed by machine-gun fire shortly after the army launched its attack on Taftanaz in the morning on April 3 as they tried to flee the town in a pick-up truck with more than 15 friends and family members.



Upon entering the towns, government forces and shabeeha (pro-government militias) also burned and destroyed a large number of houses, stores, cars, tractors, and other property. Local activists have recorded the partial or complete burning and destruction of hundreds of houses and stores. In Sarmeen, for example, local activists have recorded the burning of 437 rooms and 16 stores, and the complete destruction of 22 houses. In Taftanaz, activists said that about 500 houses were partially or completely burned and that 150 houses had been partially or completely destroyed by tank fire or other explosions. Human Rights Watch examined many of the burned or destroyed houses in the affected towns.



In most cases, the burning and destruction appeared to be deliberate. The majority of houses that were burned had no external damage, excluding the possibility that shelling ignited the fire. In addition, many of the ruined houses were completely destroyed, in contrast to those which appeared to have been hit by tank shells, where the damage was only partial.



During the military operations, the security forces also arbitrarily detained dozens of people, holding them without any legal basis. About two-thirds of the detainees remain in detention to date, despite promises by President Bashar al-Assad’s government to release political detainees. In most cases, the fate and whereabouts of the detainees remains unknown, raising fears that they had been subjected to enforced disappearances. Those who have been released, many of them elderly or disabled, told Human Rights Watch that during their detention in various branches of the mukhabarat (intelligence agencies) in Idlib city they had been subjected to torture and ill-treatment.



Opposition fighters were present in all of the towns prior to the attacks and in some cases tried to prevent the army from entering the towns. In most cases, according to local residents, opposition fighters withdrew quickly when they realized that they were significantly outnumbered and had no means to resist tanks and artillery. In other towns, opposition fighters left without putting up any resistance; residents said this was in order to avoid endangering the civilian population.



The fighting in Idlib appeared to reach the level of an armed conflict under international law, given the intensity of the fighting and the level of organization on both sides, including the armed opposition, who ordered and conducted retreats. This would mean that international humanitarian law (the law of armed conflict) would apply in addition to human rights law. Serious violations of international humanitarian law are classified as war crimes.



Human Rights Watch has previously documented and condemned serious abuses by opposition fighters in Syria, including abuses in Taftanaz. These abuses should be investigated and those responsible brought to justice. These abuses by no means justify, however, the violations committed by the government forces, including summary executions of villagers and the large-scale destruction of villages.



Human Rights Watch called on the United Nations Security Council to ensure that the UN supervisory mission deployed to Syria includes a properly staffed and equipped human rights section that is able safely and independently to interview victims of human rights abuses such as those documented in this report, while protecting them from retaliation. Human Rights Watch also called on the UN Security Council to ensure accountability for these crimes by referring the situation in Syria to the International Criminal Court, and for the ongoing UN Commission of Inquiry to support this.

“The United Nations – through the Commission of Inquiry and the Security Council – should make sure that the crimes committed by Syrian security forces do not go unpunished,” said Neistat. “The peace plan efforts will be seriously undermined if abuses continue behind the observers’ backs.”

 

Read the Eyewitness Accounts From "'They Burned My Heart': War Crimes in Northern Idlib during Peace Plan Negotiations"