31 March 2015
Mr Paulo Sérgio Pinheiro
Chairperson – Independent International Commission of
Inquiry on the Syrian Arab Republic
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
8-14, avenue de la Paix
1211 Geneva 10
BY EMAIL: coisyria@ohchr.org, OHCHR-SyMT@ohchr.org, mfernandez@ohchr.org
Copy to: Syria Monitoring Team, Syria Desk Officer
Re: Syria – Enforced Disappearance of Mr Raad Ramadan by al-Nusra Front since 23 July 2013
Alk ref: 2015-090
Mr Chairperson,
We write to bring to your attention the case of Mr Raad Ramadan, who has been abducted by members of the al-Nusra Front on 23 July 2013 at a checkpoint in the Khirbet Al Banat village, Ras Al Ein area, Al Hasakah governorate. He remains disappeared to date. We refer to:
Mr Raad Ramadan (رعد رمضان), is aged 34 (born on 29 November 1980). He is a Syrian Kurd and owns the passport No. 006432585, issued in Al Hasakah on 8 September 2001. He works as a merchant in tobacco, is married and usually resides in Qamishli in the eastern side of the neighbourhood Kaddor bek (قدور بك- شرق – القامشلي)
Abduction and disappearance
On 23 July 2013, Mr Ramadan was travelling with his friend and colleague in the tobacco trade Mr Aziz (also known as “Abu Uday”) when they were stopped at a checkpoint situated in Khirbet Al Banat village, Ras Al Ein area, Al Hasakah governorate by members of al-Nusra Front controlling the checkpoint. The members of the patrol were wearing al-Nusra’s uniforms and abducted Mr Ramadan, while his friend was left free. Mr Ramadan was likely captured because of he is a Syrian Kurd, whereas Mr Aziz is a Syrian Arab.
Mr Ramadan’s family, worried over his fate, searched for him and appointed mediators to inquire with al-Nusra Front in order to locate him. However, they were never informed of Mr Ramadan’s fate and whereabouts, and he remains missing since.
It is noteworthy that in the clashes between the Kurdish forces and al-Nusra, the area surrounding Ras Al Ein was of strategic importance. At the time of Mr Ramadan’s arrest, the Kurdish forces and the al-Nusra Front were fighting for the control of the area of Ras Al Ein. The Kurdish forces had been advancing and had recently conquered the town of Ras Al Ein, but not its surroundings, which were still under the control of al-Nusra.
In light of the above information, Alkarama contends this is a case amounting to enforced disappearance. This case takes place in the context of the Syrian armed conflict, an armed conflict of non international character, a situation to which International Humanitarian Law (IHL) as well as International Human Rights Law (IHRL) is applicable, as recognised by international jurisprudence. Enforced disappearance is prohibited by IHL, as a rule of customary law applicable to both international and non-international armed conflicts, and represents as well a violation of fundamental human rights, in addition of being specifically prohibited per se. It has also been widely recognised that acts carried out by non-state armed group may amount to enforced disappearance, and for instance in the most recent Report of the Independent International Commission of Inquiry on the Syrian Arab Republic[1].
The case of Mr Ramadan is therefore a clear example of enforced disappearance carried out by the al-Nusra Front. Furthermore, Mr Ramadan’s capture can be seen as a measure of retaliation for the deaths amongst the al-Nusra ranks and the loss of control over Ras El Ein at the time. If proven to be so, the kidnapping of a civilian would constitute not only an enforced disappearance but also a serious violation of international humanitarian law.
Requests
We therefore solicit your intervention to ensure that a transparent, independent and prompt investigation is conducted into abuses and violations of international law and hold to account those responsible, as per Human Rights Council resolution 21/26.
Thank you for your consideration of this matter. Please do not hesitate to contact us if we can be of any assistance.
Me Rachid Mesli Me Amal Al Naasan
Director, Legal department, Alkarama President, Human Rights Guardians
[1] Report of the Independent International Commission of Inquiry on the Syrian Arab Republic, 5 February 2015, (A/HRC/28/69), p. 34