A/HRC/19/68
living on Amazigh land, we’re going to kick you all out”. Sub-Saharan Africans were also
arbitrarily arrested and beaten in detention, and even killed, by various members of the
thuwar.
6.
Conclusions
63.
The Misrata thuwar killed, arbitrarily arrested and tortured Tawerghans across
Libya. Tawergha was destroyed to render it uninhabitable. The murder, torture, cruel
treatment and pillaging witnessed during the hostilities constitute a war crime. Where they
have continued since, they violate international human rights law. The torture and killing by
Misratan thuwar could, given their widespread and systematic manner, constitute a crime
against humanity; indeed, the facts indicate that crimes against humanity took place.
64.
The Commission found that the Zintani thuwar killed, arbitrarily arrested and
tortured members of the Mashashiyan community; that the Nalut thuwar committed
unlawful killings and torture in Tiji, as well as looting and destroying property; and that
Zowara thuwar committed unlawful killings and torture, as well as looting and destruction
of property in Abu Kammesh. In these cases, while there were clear indications that the
communities were targeted and the consequences for individuals were severe, the
Commission did not find the evidence necessary to indicate that the attacks against these
communities were as widespread or systematic as is the case of the Misratan thuwar and
Tawergha. Insofar as these acts took place within the context of the armed conflict,
however, they constitute war crimes; where they have occurred since the end of the armed
conflict, they constitute a violation of international human rights law.
F.
Sexual violence13
1.
Introduction
65.
The Commission is aware of numerous media accounts of rape in Libya, and
endeavoured to investigate the allegations. It interviewed more than 20 male and female
victims of sexual violence. The Commission met with another 30 witnesses, including
doctors, attorneys and individuals with direct contact with victims or perpetrators. The
Commission interviewed five people accused of committing rape, and also reviewed
relevant reports of non-governmental organizations and other material.
2.
Qadhafi forces
66.
One pattern of sexual violence identified was that of women who were beaten and
raped by armed men in their homes, or abducted and beaten and raped elsewhere,
sometimes for days. Some victims were targeted because of their allegiance to the thuwar,
while others were assaulted for no known reason. Of those targeted, rape appeared to be
used as a means to punish, terrorize and intimidate those who supported the revolution.
67.
Another pattern was identified, of sexual violence and torture of males and females
in detention centres who were thuwar members or supportive of them, to extract
information, humiliate and punish. Victims were arrested and normally taken to a location
for interrogation and torture. The allegations reported to the Commission included cases of
vaginal rape, sodomy and penetration with an instrument, as well as electrocution and
burning of the genitals. The majority of the allegations came from men detained in Abu
Salim and several men and women detained in Ein Zara.
13
See ibid., chap. III, sect. F.
13
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