A/HRC/17/44
entered the hospital at which she was working at around 2.00 a.m. and carried away three
patients who had been injured during the protest on the same date. The nurse added that
staff were ushered into a room and kept there until the patients had been loaded into a
vehicle outside.86
127. An interviewee from Zintan in the west stated that, on the night of 21 February,
Government forces invaded hospitals, abducted patients and killed others on the spot.
Medical personnel who tried to protect patients were abducted.
128. In Tripoli, a doctor serving at the Medical Centre reported witnessing members of
the Kata’eb abducting the wounded from his hospital. Reports of such abductions were said
to have had a chilling effect on persons accessing hospitals.
4.
Conclusion
129. The Commission considers that a range of actions taken by Government forces have
had the effect of impeding or preventing altogether access to medical care. This has taken
the form of refusing assistance in the immediate aftermath of demonstrations, later
interrupting access to hospitals, taking action against medical personnel and allegedly
abducting persons from hospitals. In such actions, there have been clear violations of the
right to adequate standard of health, as well as other serious violations involved in the
particular actions undertaken against medical personnel or patients.87
E.
Freedom of expression
1.
Introduction
130. Both the Human Rights Council (in its resolution S-15/1) and the Security Council
(in its resolution 1970 (2011)) have made specific reference to concern regarding issues
surrounding freedom of expression. The Council called upon the Government of the Libyan
Arab Jamahiriya to cease intimidation, persecution and arbitrary arrests of individuals,
including journalists (Council resolution S-15/1, para. 3), while the Security Council
condemned acts of violence and intimidation committed by the Libyan authorities against
journalists, media professionals and associated personnel (Security Council resolution,
para. 6).88 The Committee to Protect Journalists has documented more than 80 attacks on
the press between 16 February and 20 May, which includes 5 fatalities, at least 3 serious
injuries, 50 detentions, 11 assaults, 2 attacks on news facilities, the jamming of Al-Jazeera
and Alhurra transmissions, at least four 4 of obstruction of journalists‟ activities and
expulsion of 2 international journalists.89
2.
Applicable law
131. International human rights law expressly provides for freedom of expression, which
includes the freedom to seek, receive and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print, in the form of art, or through any
other media of choice. While it can be subject to restrictions, these are to be only such as
86
87
88
89
36
Channel 4 News, “Libya: „Armed men kidnap wounded from Hospital‟”, 18 April 2011. Available
from www.channel4.com/news/libya-armed-men-kidnap-wounded-from-hospital.
Reference is made in other sections of this report to other such violations as abductions and enforced
disappearance.
See also paragraph 10 on the need to respect freedom of expression, including freedom of the media.
Committee to Protect Journalists, “Journalists under attack in Libya: The tally”. Available from
www.cpj.org/blog/2011/05/journalists-under-attack-in-libya.php (accessed on 27 May 2011).
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