A/HRC/17/44
118. Information was also received that foreign nationals had been tortured or subject to
other forms of ill-treatment by opposition forces. One Palestinian man stated that on 22
March 2011 approximately 50 armed men raided his house in Az-Zawiyah and arrested him
along with five other male members of his family. According to information received by
the Commission, armed men in green uniforms blindfolded him and took him to a hospital
being used as a detention facility in Az-Zawiyah. During the three days of his detention, he
reported that he was repeatedly kicked and beaten with batons and was subjected to
inhuman treatment. Physical abuse was said to be a daily routine in the facility. He
witnessed other people in the detention centre being subjected to inhuman treatment. He
reported that many of them were perceived to be pro-Qadhafi and included both Libyans
and migrants. He noted that detainees were kept in very poor conditions and had been
regularly threatened with death.
4.
Conclusion
119. The Commission concludes that torture and other forms of cruel, inhuman or
degrading treatment was committed by both the Government and the opposition forces in
violation of obligations under international human rights and humanitarian law. Violations
were most common with respect to persons held in detention (including incommunicado
detention) and persons perceived to be supporters of “the other side” to the conflict. The
cases involving Government responsibility occurred both in peacetime (against persons
detained in relation to the demonstrations) and (subsequently) during the armed conflict.
D.
Denial of access to medical treatment
1.
Introduction
120. The Commission received numerous reports in its investigation that Government
forces prevented persons from gaining access to medical treatment in the aftermath of the
demonstrations. This prevention took the form of refusing to facilitate medical assistance,
blocking access to medical facilities or in the most extreme cases, allegedly attacking
persons or abducting persons in hospital viewed as associated with the protests. During the
course of its investigation, the Commission spoke to over 40 persons who raised topics
related to being hindered in their attempts to access health care, primarily following the
demonstrations.84
2.
Applicable law
121. Under article 12 of the International Covenant on Economic, Social and Cultural
Rights, the Libyan Arab Jamahiriya is bound to respect the right to everyone to the
enjoyment of the highest attainable standard of physical and mental health. As the
Committee on Economic, Social and Cultural Rights highlighted in its general comment
No. 14 (2000) on the right to the highest attainable standard of health (art. 12 of the
Covenant), this includes an obligation not to prevent access to health services as a punitive
measure. While the specific example provided by the Committee relates to where medical
services are prevented as a punitive measure in times of armed conflict contrary to
international humanitarian law, this obligation applies at all times (general comment, para.
34).
84
34
This section deals primarily with impeding access to health care in the aftermath of the
demonstrations. The subject of attacks on medical personnel and facilities and failure to fulfil
obligations with respect to tending the wounded and sick during the armed conflict are dealt with
separately under chapter III, section F.
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