A/HRC/31/47
I. Introduction
A.
Mandate
1.
On 27 March 2015, the Human Rights Council adopted its resolution 28/30, in
which it requested the United Nations High Commissioner for Human Rights urgently to
dispatch a mission to investigate violations and abuses of international human rights law
committed in Libya since the beginning of 2014, and to establish the facts and
circumstances of such abuses and violations with a view to avoiding impunity and ensuring
full accountability, and to submit to the Council a written report on its findings, which
should also contain an update on technical assistance, capacity-building and cooperation
with the Government of Libya, with recommendations for future capacity-building needs
that include but are not limited to the justice system and accountability.
2.
In accordance with the mandate, the mission focused the investigation on violations
and abuses committed from 1 January 2014, and examined the actions of both State and
non-State actors. During the investigation, the Office of the High Commissioner (OHCHR)
received information concerning individuals with alleged responsibility for violations and
abuses. That information has been retained on a strictly confidential basis.
B.
Methodology
3.
The Government of Libya1 expressed its support for the investigation and offered
assistance should the OHCHR investigation team2 conduct missions to Tobruk and AlBaida, for which the High Commissioner is grateful. Owing to the security situation, only a
one-day visit to Tripoli, limited to the airport, was possible. A list of questions was
dispatched to the Government, although no response had been received as at January 2016.
4.
The High Commissioner expresses his appreciation to the Government of Tunisia
for hosting the team in Tunis, made necessary by the continuing difficult security
environment in Libya. Fact-finding activities were largely undertaken through missions and
remote contact with individuals in Libya. The team undertook missions in Tunisia and to
Libya, Egypt, Turkey, Jordan and Italy, and facilitated the travel of some victims and
witnesses to Tunis. The team met with more than 250 interlocutors, including more than
200 victims and witnesses. A public call for submissions was issued in July 2015 and
disseminated to States Members of the United Nations in August and September 2015.
OHCHR received 66 submissions containing more than 900 individual complaint files. The
team coordinated closely with the United Nations Support Mission in Libya (UNSMIL) and
sought inputs from the national human rights institution of Libya, the National Council for
Civil Liberties and Human Rights and special procedure mandate holders (from whom a
coordinated response was received). The team also sought information from other United
Nations entities. The United Nations Entity for Gender Equality and the Empowerment of
Women (UN-Women), the United Nations Development Programme and the Operational
Satellite Applications Programme (UNOSAT) also provided valuable assistance.
1
2
At the time of the investigation, conducted from July to December 2015, there were two separate
authorities in Libya. In the present report, the “Government of Libya” refers to the internationally
recognized authorities at the time, which were based in Tobruk/Al-Baida.
The team consisted of six human rights officers (a coordinator, three human rights investigators, a
legal adviser and a gender adviser) and translation, security and administrative staff.
3
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