A/HRC/17/44
(and the Commission‟s specific interventions in these cases) have been further explored in
chapter III, section E, of the present report.
108. Foreign nationals also reported to the Commission that a number of migrants had
disappeared in Tripoli. Interviewees in refugee camps in Tunisia noted that migrant workers
had disappeared since the uprising had begun, mainly in raids conducted by Government
forces in migrants‟ camps in Tripoli. Their whereabouts are still unknown. Several
interviewees mentioned that Saif al-Islam Qadhafi‟s Katiba had entered workers‟
compounds, ill-treated residents, robbed them of their belongings and had taken people
away. They also told the Commission that migrants had been abducted in the streets, taken
from their homes, ill-treated and/or blackmailed against their release. While some had
succeeded in finding a way out by paying ransoms, others remain in custody.
109. The Commission has received very little information on violations committed by the
armed opposition in relation to arrest, detention of abduction or any form of deprivation of
liberty or disappearance.
4.
Conclusion
110. The Commission concludes that Government forces have arbitrarily detained a
significant number of persons in many towns and cities across Libya. In addition to not
affording persons proper legal protections, that the Government forces‟ arrests and
detentions appear to have been carried out in a “blanket” fashion, targeting suspected
opposition supporters or regions viewed as being against the regime, rather than those
suspected of criminal responsibility or other security-related reasons associated with the
armed conflict. The Commission has also documented a range of cases of persons who have
been disappeared, many of whom remain unaccounted for. On the basis of its investigation,
the Commission is satisfied that the Government of the Libyan Arab Jamahiriya has
engaged in a pattern of enforced disappearances of persons in violation of its obligations
under international human rights and international humanitarian law. The Commission has
received very little information on violations committed by the armed opposition in relation
to arbitrary arrest, or other forms of deprivation of liberty or disappearances.
C.
1.
Torture and other forms of ill-treatment
Introduction
111. Reports concerning the use of torture and other forms of cruel, inhuman or
degrading treatment or punishment by both Government and opposition authorities have
been received by the Commission. Both entities have denied their involvement in such
violations. As part of its investigation, the Commission visited two detention facilities, one
each in Benghazi and Tripoli, and interviewed a total of 30 detainees. The Commission also
interviewed other witnesses and alleged victims of torture and ill-treatment in the course of
its field mission.
2.
Applicable law
112. Under international human rights law, there is a clear prohibition of torture and other
forms of cruel, inhuman or degrading treatment in article 7 of the Covenant on Civil and
Political Rights. A fuller definition of torture is provided for in the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: “torture” means
any act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him or a third person information
or a confession, punishing him for an act he or a third person has committed or is suspected
of having committed, or intimidating or coercing him or a third person, or for any reason
32
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