A/HRC/19/68
III. Findings
A.
Excessive use of force5
1.
Introduction
15.
In its first report, the Commission of Inquiry concluded that Qadhafi forces had used
excessive force against demonstrators in February 2011. It subsequently conducted more
than 60 interviews in its investigation of this issue.
2.
Qadhafi forces
16.
The Commission interviewed medical personnel on duty during the protests.
Testimony, medical records and photographs received show predominantly head and chest
wounds, consistent, in some cases, with the use of high-calibre weapons. It also received a
videotape of a purported senior regime figure giving instructions to “crush” demonstrators
in Benghazi, and received a first-hand account of orders given by Colonel Qadhafi to
suppress demonstrations “with all means necessary”. While former Qadhafi officials
claimed the initial approach was not to fire until fired upon, evidence collected did not
support this contention.
17.
Witnesses detailed how, in Benghazi, protesters were shot near the Juliana Bridge.
On 18 February 2011, after rocks were thrown as a funeral procession passed a military
base, soldiers fired shots, killing several people. Witnesses reported later finding nine
burned bodies, with their hands bound and with gunshots to the head, inside the base.
18.
The Commission determined that Qadhafi forces fired on protesters in Misrata,
leading to deaths and injuries. A senior military figure indicated that the 32nd brigade gave
instructions to ground commanders to shoot civilians.
19.
The Commission received testimony and medical records relating to protesters killed
in Tripoli. Doctors informed the commission that, on 20 and 21 February 2011, more than
200 bodies were brought to morgues. Protesters were denied access to medical care, while
others did not seek medical treatment owing to a (well-founded) fear of being detained. The
Commission also received reports of protesters being shot outside mosques after Friday
prayers throughout February and March 2011. Qadhafi forces reportedly seized ambulances
for use in security patrols and for the arrest of protesters.
20.
The Commission found local authorities exercised initial restraint when engaging
protesters in the central square in Al Zawiyah. The Commission determined a violent
response began after the 32nd Brigade arrived on 23 February 2011 and shot at unarmed
protesters, killing seven, and prompting an escalation of violence on both sides.
21.
Following the eruption of protests in Zintan, Qadhafi forces set up checkpoints
encircling the town, cutting off supplies of fuel and food. The Commission received reports
that Qadhafi forces had shot at and beaten protesters in the central square. The Commission
was further informed that Qadhafi forces removed the injured from hospitals and detained
men at checkpoints.
3.
Conclusion
22.
The Commission found that Qadhafi forces had engaged in excessive use of force
against demonstrators in the early days of the protests, leading to significant deaths and
5
6
Ibid., chap. III, sect. A.
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