A/HRC/31/47
groups, and that the system is politicized by events such as the appointment of judges by
the General National Congress, whose authority is disputed.
H.
Human rights defenders and journalists
47.
Human rights defenders have been subjected to particular violations and abuses,
including assassination, attempted murder, abduction, threats, surveillance, and raids on
their homes and offices. Cases of this type have been witnessed predominantly in Benghazi
and Tripoli. The cases that OHCHR documented were most commonly attributed by
interviewees to armed groups affiliated with Ansar al-Sharia or Libya Dawn. The fear
generated by such actions and the impunity enjoyed by perpetrators have forced many to go
into hiding or to flee, and threaten to silence independent voices.
48.
Many attacks have targeted high-profile activists, producing a chilling effect on the
work of other human rights defenders. Lawyer and human rights activist Salwa Bugaighis
was killed in Benghazi on 25 June 2014 (on the same day as elections for the House of
Representatives), and her husband was disappeared. The perpetrators remain unidentified;
the main witness died in police custody. The Prosecutor initially working on the case was
abducted and remains missing. OHCHR documented other cases, including the
assassination of human rights defenders Tawfik Ben Sa’ud and Sami Al-Kawafi, who were
shot dead on 19 September 2014. OHCHR also received eight reports of human rights
defenders receiving threatening telephone calls and text messages, as well as, in several
cases, being subjected to arbitrary detention or attempted assassination.
49.
The national human rights institution of Libya, the National Council of Civil
Liberties and Human Rights, has been subjected to attacks in the form of raids on its office
and threats against its staff, and has been reduced to minimal functioning.
50.
Journalists have faced serious harassment and death threats; some have been
subjected to arbitrary detention, abduction and attempted assassination. Female journalists
have also been targeted on the basis of their gender. The deaths of several journalists
reported to OHCHR require further investigation. Media offices have been raided and
attacked. Journalists also face criminal prosecution for defamation and libel for writing on
political matters.
I.
Migrants8
51.
Subject to exploitation and abuse by authorities, armed groups and smugglers,
migrants are particularly at risk in Libya. Cases of prolonged arbitrary detention and other
deprivation of liberty, torture and ill-treatment, forced labour and exploitative labour
practices, extortion, trafficking and sexual violence, were all reported in the interviews
conducted by OHCHR. Sub-Saharan Africans are at a heightened risk of abuse and racial
discrimination. Migrant women have faced sexual violence and exploitation both in and
outside detention facilities.
52.
Libya has long had a considerable population of migrant workers. It is also a transit
country on the migration routes from East and West Africa to Europe. UNHCR estimate
8
OHCHR has defined an “international migrant” as “any person who is outside a State of which he or
she is a citizen or national, or, in the case of a stateless person, his or her State of birth or habitual
residence”. See OHCHR, Recommended Principles and Guidelines on Human Rights at International
Borders, 2014, p 4.
11
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