Geneva, 23 December, 2024.- Documentation and preservation of evidence of gross violations of human rights and international humanitarian law committed during years of conflict and authoritarianism are critical to ensure truth and accountability in this pivotal moment of early transition in Syria, a group of independent human rights experts* said today.
“The prompt and thorough documentation and investigation of past and present gross human rights violations is an obligation under international law and a crucial guarantee of non-recurrence,” the experts said.
They called for comprehensive mapping, collection, registration and preservation of evidence and testimonies.
“This must be done while ensuring security and provision of psycho-social support to victims, their relatives, witnesses and those participating in the investigations,” they said.
“As new information about the fate of victims of horrific crimes and their whereabouts emerge, safeguarding sites of detention, including the notorious Sednaya prison, and burial, and collection and preservation of evidence and testimonies becomes a priority,” the experts said. “Those violations, which in many cases amount to international crimes, must be investigated, prosecuted and sanctioned to unveil the truth – for victims and society as a whole – and to achieve justice, foster reconciliation and embark on a path towards sustainable peace.”
“Investigations must be performed in line with international standards, including the Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), the Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2022 edition), and the Guiding Principles for the Search for Disappeared Persons,” they said.
“All concerned stakeholders must prevent the loss of vital information for the search of disappeared persons. Inaction today can affect prospects of success tomorrow,” the experts said.
They urged caretaker authorities to establish a system for preserving mass graves, create protocols for exhumations of gravesites, and set and oversee implementation of priorities for exhumations of mass gravesites that balance the needs of families to identify victims and evidentiary requirements for criminal proceedings.
They underscored work carried out by the Office of the High Commissioner for Human Rights, the Independent International Commission of Inquiry on the Syrian Arab Republic, the International Impartial and Independent Mechanisms, and the Independent Institution on Missing Persons in the Syrian Arab Republic. “All relevant actors must fully cooperate with and support the work of these institutions,” the experts said.
As Syria embarks on a process of transition, a comprehensive transitional justice process that encompasses measures in the field of truth-seeking, criminal accountability, reparation for victims, memorialisation, and guarantees of non-recurrence is crucial, they said.
“To ensure an effective and sustainable transition, authorities must adopt holistic mechanisms which are victim-centered, gender sensitive and context-specific,” the experts said. They urged the international community to support Syrians in the development and implementation of this process and reiterated their availability to provide technical assistance.
Expressing solidarity with victims in Syria, the experts said the realisation of their right to justice, reparation and to know the truth about circumstances and responsibilities surrounding violations endured must guide national and international efforts moving forward.