A/HRC/19/68
unable to confirm that the death of Mutassim Qadhafi constituted a case of an unlawful
killing, and considers that further investigation is required.
5.
Conclusions
35.
The Commission found that Qadhafi forces executed and tortured to death large
numbers of prisoners in detention centres. The executions tended to be performed
immediately prior to a retreat. During the armed conflict, such conduct amounts to a war
crime. Insofar as many of the detainees were part of the civilian population rather than
captured fighters, the systematic and widespread executions constitute a crime against
humanity.
36.
The thuwar executed and tortured to death perceived Qadhafi loyalists and suspected
mercenaries. These were either hors de combat fighters or members of the civilian
population. During the armed conflict, such conduct amounts to the war crime of murder.
Once the conflict ended, it constituted a case of arbitrary deprivation of life.
37.
The Commission was also deeply concerned that no independent investigations or
prosecutions appear to have been instigated into the killings committed by the thuwar.
C.
Arbitrary detention and enforced disappearances9
1.
Introduction
38.
In its first report, the Commission concluded that Qadhafi forces had arbitrarily
detained a significant number of people and subjected others to enforced disappearance;
while it received, however, very little information on violations by the armed opposition.10
During the second phase of its work, the Commission met with 197 people, who referred to
such violations by parties to the conflict; 158 of the said persons were either direct victims
or their immediate family members.
2.
Qadhafi forces
39.
The Commission confirmed its earlier findings with regard to arbitrary arrests by the
Qadhafi forces, and found that the practice continued until the disintegration of the Qadhafi
Government. It found evidence of cases of unlawful detention in Tripoli, Al Zawiyah and
the Nafusa Mountains. A significant number of people were held in unofficial or
unacknowledged sites. Detainees were not provided with access to counsel, while many
were not allowed to challenge the lawfulness of their detention. According to credible
accounts, detainees were tortured.
40.
As the Qadhafi forces retreated, detainees were either released or, in some instances,
killed. Others were freed when the thuwar intervened. The Commission confirmed dozens
of cases of disappearance.
3.
Thuwar
41.
Thuwar involvement in cases of arbitrary arrest and enforced disappearance was
found to have increased considerably since the first report of the Commission When they
overran cities, the thuwar arrested en masse former soldiers, police officers, suspected
mercenaries and others they saw as Qadhafi loyalists. The arrests continued well into
9
10
See ibid., chap. III, sect. C.
A/HRC/17/44, para. 110.
9
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