9. Prisoners, Detainees and Disappeared

• Freedom of movement, security and safety must be guaranteed for all. The regime and opposition groups must stop lifting people at checkpoints and targeting and abducting people in any way. They must enforce and monitor this strictly with their armed groups. The UN, the parties and external governments must work together to establish and implement an effective mechanism to stop the abduction of people by groups who are not at the negotiating table;
• The regime and the opposition must release immediately people who have committed no violations but who were detained simply because they were political activists or because of their social background or where they were from. These people should not be part of any bargaining process between the two sides;
• The regime and opposition groups must agree to provide a list of the detainees and prisoners they are holding, with full details of who they are and where they are being held. The mechanism for documenting this should be designed to be capable of overcoming difficulties in getting a comprehensive list despite the fragmentation of forces on each side. The documentation should begin immediately and the sides given a timescale for progress/completion;
• The UN should oversee the process of documenting prisoners and detainees and appoint an international team to visit prisoners and detainees in the locations in which they are held and to report on their condition. The regime and opposition should provide prompt responses to all written requests for information, access or release of persons;
• Prisoners and detainees must be held in verifiable locations and in humane conditions. All groups must end violence, torture, inhuman and degrading treatment of detainees and prisoners. Parties to the negotiating table must commit to this and enforce and monitor it with their armed groups;
• The UN should put in place a mechanism for gathering the names of the disappeared and getting answers on their whereabouts from the regime and the opposition;
• Set up an international Commission of Inquiry to uncover the massacres, the truth about disappeared people and violations of human rights and use of torture in detention centers and prisons. Mindful of a State’s international obligations, those responsible for torture and violations of human rights on any side should be brought to justice;
• Release of prisoners and detainees held by all parties should be managed according to three categories:(i) People with no violations who have been arbitrarily detained should not be part of any bargaining between the two sides but should be released immediately; they should receive reparation for themselves and their families. (ii) Those on both sides who have been involved in fighting. (iii) Those who have engaged in gross violations and crimes; and
• Mechanisms should be established for managing categories (ii) and (iii) so that people are not held without trial for a long period. Category (ii) individuals might be released subject to certain conditions outlined under disarmament and security below. Category (iii) individuals should face independent trials under UN supervisions for their violations and crimes, such trials to take place over an agreed period of time.