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Investigation by the Office of the United Nations High Commissioner for Human Rights on Libya: Detailed Findings * **

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Investigation by the Office of the United Nations High Commissioner for Human Rights on Libya: Detailed Findings * ** A/HRC/31/CRP.3 Distr.: General 15 February 2016 English only Human Rights Council Thirty-first session Agenda items 2 and 10 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Technical assistance and capacity-building Investigation by the Office of the United Nations High Commissioner for Human Rights on Libya: detailed findings * ** Summary The present document contains the detailed findings of the investigation by the Office of the United Nations High Commissioner for Human Rights (OHCHR) on Libya. The principal findings and recommendations of OHCHR are provided in document A/HRC/31/47. * Reproduced as received. ** The information contained in this present document should be read in conjunction with the report of the investigation of the Office of the United Nations High Commissioner for Human Rights on Libya (A/HRC/31/47 ). A/HRC/31/CRP.3 Contents Page I. Introduction ...................................................................................................................................... 3 A. Mandate ................................................................................................................................... 3 B. Methodology ............................................................................................................................ 3 C. Challenges and constraints ....................................................................................................... 5 D. Acknowledgements .................................................................................................................. 6 II. International legal framework .......................................................................................................... 6 A. International human rights law ................................................................................................ 6 B. International humanitarian law ................................................................................................ 8 C. International criminal law ........................................................................................................ 9 D. State duty to investigate and prosecute, and provide an effective remedy ............................... 9 E. Non-State actors....................................................................................................................... 10 III. Context ......................................................................................................................................... 11 IV. Armed actors in Libya ...................................................................................................................... 16 V. Patterns of violations and abuses ...................................................................................................... 20 A. Unlawful killings and executions............................................................................................. 20 B. Attacks on civilians and civilian objects, and other protected persons and objects ................. 26 C. Arbitrary detention, abductions and disappearances ................................................................ 34 D. Torture and other ill-treatment ................................................................................................. 43 E. Gender-based violence and discrimination against women ..................................................... 46 F. Economic, social and cultural rights ........................................................................................ 51 G. Administration of justice ......................................................................................................... 55 H. Human rights defenders and journalists ................................................................................... 59 I. Migrants ................................................................................................................................... 65 J. Tawerghan community ............................................................................................................ 70 K. Children ................................................................................................................................... 72 VI. Overall findings ................................................................................................................................ 74 VII. Assessment of the justice sector, and moving towards accountability ............................................. 78 VIII. Update on technical assistance ......................................................................................................... 83 IX. Recommendations ............................................................................................................................ 85 Annexes I. Map of Libya .................................................................................................................................... 89 II. Indicative mapping of security and armed groups associated with Operation Dignity and Libya Dawn as at 2014 ............................................................................................................................... 90 III. Priority areas for strengthening the justice sector ............................................................................ 93 2 A/HRC/31/CRP.3 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. An oral update was presented to the Council on 29 September 2015, and was followed by an Interactive Dialogue on the human rights situation in Libya. 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. Considering the importance of this information for its mandate, in particular in ensuring accountability, OHCHR has recorded this information. For reasons of witness protection, due process, and fair trial guarantees, individual names have not been included in this present report, and are retained on a strictly confidential basis by OHCHR. 3. OHCHR established priorities with regard to the alleged violations and abuses to be investigated. Particular consideration has been given to the gravity of alleged violations and abuses, and the extent to which incidents indicated a pattern of violations and abuses. Aware of the monitoring already carried out by UNSMIL and OHCHR and other organizations during 2014 and 2015,1 this present report seeks to complement these assessments and recommendations. In view of the limits related to the investigation team’s access to relevant persons and places some violations or abuses are identified as requiring further investigation. B. Methodology 4. As a result of the prevailing security situation in Libya, the Government of Tunisia agreed to host the OHCHR investigation team in Tunis. The team was deployed from July to December 2015.2 5. OHCHR began its work by reviewing available documentation in relation to the human rights situation in Libya, including Government reports, United Nations reports, international and Libyan non-governmental organization reports, press reports and audio- 1 Joint reports issued by OHCHR and UNSMIL include Overview of Violations of International Human Rights and Humanitarian Law During the Ongoing Violence in Libya , 4 September 2014, Update of Violations of International Human Rights and Humanitarian Law During the Ongoing Violence in Libya (revised) , 23 December 2014, and Report on the Human Rights Situation in Libya , 16 November 2015. 2 The team consisted of 6 human rights-focused staff (a coordinator, three human rights investigators, a legal adviser, and a gender adviser) and translation, security, and administrative staff. 3 A/HRC/31/CRP.3 visual material, and reports of special procedure mandate holders and treaty bodies. This material was used to assist in mapping the nature of alleged violations and in developing further investigation leads. 6. A public call for submissions was issued on 29 July 2015, inviting interested States Members of the United Nations, groups and individuals to provide information to OHCHR related to its mandate. A copy of the call for submissions was disseminated to States Members of the United Nations on 31 August 2015 and redistributed in September 2015. 3 Specific invitations were issued to the national human rights institution of Libya, the National Council for Civil Liberties and Human Rights, 4 and special procedure mandate holders to share their expertise with OHCHR.
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