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