A/HRC/17/44
across Libya, in an organized fashion, utilizing various brigades and other security forces.
Interviewees reported that the authorities‟ repression of demonstrations was followed by
reprisals against individuals having organized or participated in demonstrations. Numerous
reports were received of persons being taken to “informal” places of detention. Following
their release, a number of persons gave information concerning their being held along with
others in such unofficial places of detention maintained by Government forces.
97.
When persons were detained, they were not informed of the basis for the deprivation
of liberty. Many persons arrested, in the aftermath of the demonstrations, have not been
brought before a competent, independent and impartial court or other authority to have the
lawfulness of their detention reviewed. Instead, they have been held beyond the reach of the
law, without the possibility of recourse to legal procedures. Consistent testimonies received
by the Commission indicate that Government forces stopped civilians at checkpoints or in
the streets, regularly verified identity cards of travellers, arrested and detained persons
according to their place of origin or residence, each being used as proxies to indicate that
persons were supporters of the opposition. While some were released after being
questioned, others were taken by authorities and are suspected to be held in detention
facilities or prisons in Tripoli, or transferred to Ianzana, Al-Jdaydah and Abu Salim
detention facilities. Two persons from Nalut, for instance, stated to the Commission that:
they had been arrested by Government forces and later transferred to an unknown military
location. They were detained alongside other persons, some of whom are still missing.
98.
The Commission received information about a large number persons missing or
disappeared, both during the demonstrations and during the armed conflict. Reports were
forthcoming from several cities in the east including Ajdabiya, Al-Bayda, Darnah, Misrata,
Ras Lanuf, Sirte and Tobruk, as well as cities in the west including in Tripoli Az-Zawiyah,
Zuwarah and the Nafusa Mountains. Interviewees noted that hundreds of persons
disappeared in the first days of demonstrations, as well as after the conflict started.
Witnesses told the Commission that some Government forces specifically communicated
threats that abductions would continue unless their community aligned with the Qadhafi
regime. Interviewees stated that the majority of persons who disappeared during the conflict
were civilians who had been travelling within the country or had encountered checkpoints
run by Government forces. Some were simply walking in the streets or buying groceries
when they were last seen.
99.
It is difficult to ascertain the exact number of disappearances. The Commission
received a list of 10 names of persons reported to have disappeared during the second half
of February in Tobruk, and of 110 disappeared persons who disappeared from the Nafusa
Mountain area. The Fondation Alkarama submitted to the Commission a list of 740 names
of persons who had been reportedly arrested, detained or abducted by Government forces
and were believed to have been disappeared. Human Rights Watch documented 72 possible
disappearance cases based on interviews with family members or witnesses to the arrest of
missing persons. According to Human Rights Watch, the Libyan Red Crescent Society in
Benghazi has recorded 370 missing person cases from Benghazi and Al-Bayda.82
100. The Commission collected considerable information relating to the disappearances
of persons from the Nafusa Mountain area in particular.83 According to several interviews
82
83
30
Human Rights Watch, “Libya: At Least 370 Missing From Country's East; Fate of Libyans in
Government Custody Unknown”, 30 March 2011. Available from
www.hrw.org/en/news/2011/03/30/libya-least-370-missing-countrys-east.
As indicated earlier, the Commission has received reports of disappearances from many geographical
locations. The inclusion of particular cases from Nafusa Mountain area reflects the nature of the
Commission‟s field investigations only.
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