A/HRC/19/68
68.
The Commission interviewed five people accused of raping men and women during
the conflict. While these people did provide some specific details, the Commission believes
that there is a strong possibility that the confessions were made under torture and were
therefore not reliable. The Commission received one credible interview from a local
organization that detailed five different rapes over five nights committed in Misrata by the
interviewee and his colleagues.
3.
Thuwar
69.
The Commission received limited evidence of cases of rape and sexual violence
committed by the thuwar. It interviewed two victims, known to be Qadhafi loyalists, who
had been sexually tortured by thuwar members in detention centres.
4.
Conclusions
70.
The prevailing culture of silence, the lack of reliable statistics, the evident use of
torture to extract confessions and its sheer political sensitivity all make this issue the most
difficult one for the Commission to investigate. The Commission found that sexual violence
occurred in Libya and played a significant role in provoking fear in various communities. It
established that sexual torture was used as a means to extract information from and to
humiliate detainees. It did not find evidence to substantiate claims of a widespread or a
systematic attack, or any overall policy of sexual violence to be used against the civilian
population. The information received was, however, sufficient to justify further
investigation to ascertain the extent of sexual violence.
G.
Attacks on civilians, civilian objects, protected persons and objects14
1.
Introduction
71.
In its first report, the Commission indicated that, with regard to attacks on civilians,
civilian objects, protected persons and objects, it did not have access to full information
allowing it to definitively evaluate allegations of violations of international humanitarian
law.15 As part of its continuing investigations, the Commission subsequently conducted
more than 75 interviews on this issue and inspected the destruction in towns across Libya.
2.
Qadhafi forces
72.
The Commission visited a number of areas affected by the fighting, including
Misrata, Al Zawiyah, Nalut, Yafran, Zintan and Sirte. It found that Qadhafi forces had used
inherently indiscriminate weapons, as well as weapons prohibited by many nations,
including landmines and cluster bombs, causing considerable suffering to the civilian
population and damage to civilian objects.
73.
Misrata endured some of the most protracted fighting during the conflict. The city
was under siege for more than three months, from March to May 2011, when Qadhafi
forces retreated from its centre. Indiscriminate shelling of the city continued sporadically
until August 2011. Unlike other areas where the civilian population was evacuated,
civilians were trapped inside the city. Its port, which provided the only means of evacuation
of the war-wounded and civilians, as well as entry of humanitarian aid, was also targeted by
Qadhafi forces. Senior Qadhafi military officers interviewed by the Commission confirmed
that several attempts were made, some of them successful, to mine the Misrata port. The
14
15
14
See ibid., chap. III, sect. G.
A/HRC/17/44, para. 170.
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