A/HRC/40/46
by armed groups, including armed incursions into the Tarik al-Matar camp in July and
shelling of the Al-Fallah 2 camp in August.
B.
Violations of the right to life, including unlawful killings
22.
In 2018, UNSMIL/OHCHR received reports alleging that armed groups were
responsible for summary executions and other unlawful killings of civilians and captured
fighters. On 12 April, OHCHR and UNSMIL published a report entitled Abuse Behind Bars:
Arbitrary and Unlawful Detention in Libya, which referred to several cases of enforced
disappearances (see paras. 59 ff).
23.
On 24 January, still images and a video appeared on social media purportedly
depicting a field commander with Libyan National Army forces, Mahmoud al-Werfalli,
shooting point-blank 10 blindfolded men dressed in blue overalls as they knelt with their
hands tied behind their backs, in Benghazi. Their bodies were then loaded into the back of a
pick-up truck in front of a large crowd of onlookers. 4 Mahmoud al-Werfalli, the subject of
two arrest warrants issued by the International Criminal Court for the war crime of murder, 5
is believed to remain at large, despite announcements by the Army of his arrest in July 2018.
24.
Among other cases UNSMIL/OHCHR documented in eastern Libya, seven bodies
were found in two separate locations in Benghazi between 24 and 26 January. The bodies of
two men with gunshot wounds were found on a rubbish dump on 24 January; they were
blindfolded and their hands were tied behind their backs. On 26 January, five bodies were
found in the area of Al-Lithi, all bearing gunshot wounds, including to the head. Next to the
bodies, sheets of paper were found bearing the inscription “khawarij”,6 the men’s names and
addresses and the crimes they had allegedly committed against the “army and police”. The
papers also contained warnings to families not to hold funeral services for the deceased.
According to information gathered by UNSMIL/OHCHR, several of the victims had been
taken from their homes by groups of masked armed men between 23 and 25 January. Despite
announcements of investigations by the Libyan National Army, no findings have been made
public and no arrests or prosecutions are known to have been instituted.
25.
In Derna, the bodies of three men bearing gunshot wounds were brought to the Herish
Hospital on 25 January, when the city was under the control of the Derna Mujahiin Shura
Council. A video posted on Facebook pages affiliated to the Shura Council showed at least
one victim being interrogated by an unidentified individual about his alleged support for the
Libyan National Army. During fighting in Derna between the Army and the Derna Protection
Force in June, a video emerged on social media depicting the beating and summary execution
of a captured man, allegedly by fighters affiliated with the Army, in the area of Sahel alSharki. The following day, the Army announced that there would be investigations into the
incident recorded in the video, but no information was shared on progress or findings.
26.
UNSMIL/OHCHR also documented cases of summary executions and other unlawful
killings in western Libya. For instance, on 24 February, medical professionals and other local
sources reported the killings upon capture of two fighters affiliated to the Hnish armed group
in Al-Zawiya (including a 17-year-old boy), apparently by members of a rival local armed
group.
27.
On 24 April, a patient in Tebu was forcibly removed from the Sabha Medical Centre
intensive care unit by men believed to be affiliated to the Awlad Sliman armed tribal forces.
The man was in recovery after undergoing surgery for gunshot injuries to his chest and
abdomen, reportedly sustained in an armed robbery. He subsequently disappeared and his
whereabouts remain unknown.
28.
UNSMIL/OHCHR also received information on kidnappings and killings by armed
groups and criminal gangs. For instance, on 7 April, the remains of three siblings from the
4
5
6
In at least five videos that emerged in 2017, Mahmoud al-Werfalli was seen to be either directly
carrying out executions or giving orders to that effect.
International Criminal Court, The Prosecutor v. Mahmoud Mustafa Busayf Al-Werfalli, case No. ICC01/11-01/17.
Those considered to have strayed from the correct religious path.
5
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