CHAPTER 36 Forensic sciences in Libya and mass grave mve stigation
Amin Attia Alemam Libyan Sodey offorensic Odontologv. University of Benghazi, Benghazi. Libya
Introduction In the field of criminal investigations, there were Libyan instïtutions that had already been created during Forensic archaeology is not a recognised discipline in the period of the monarchy (1951—1969) of King Idris T, Libya, although much archaeological, anthropological for example, the National Centre of Legislative and jSm) and forensic expertise is present in the country. Recemly, Criminal Research (ai (Mshawari with the vork of a nuinber of scientists and the fali of 2012). The Centre was founded in 1964. It inciuded six the previous regime, the investigation of mass graves branches distrihuted over six different areas: Tripoli, and the training and formation of the judicial and secu Benghazi, Sabha, the Green Mountain, Sehratah and rity forces has been undertaken. The excavation of clan the West Mountain Branch. It was concemed with all destine graves bas slowly been carried out and with the the legal issues that needed specialist investigation in increase presence of forensic scientists, albeit the lack of different fields, forensic sdences among them. forensic archaeologists. This chapter summarises the In 2002 its name was changed from the Centre of judicial system and the attempts to use forensic disci Expert Witnesses to the Court of Laws and Research and plines in mass grave investigation in Libya. Recently, the It becarne more organised, with a presence of international organisations bas also high separate forensic medicine department. The last available lighted and introduced the role and work of forensic statistics for the number of cases in this department archaeology, and training is under way to promote the were for 2005, when 15,6 16 cases required examination value of the discipline, at least at the moment in rnass (clinical cases): 12,979 cases were I)rOcesSed in that grave investigation. year, which represented about 83% as a percentage of completion. Statistics show that the highest numbers of cases were recorded hy the Benghazi branch with 7897 Background on the Libyan political cases, which reprcsents half of the total nuinher (50%), and criminal justice system while the Tripoli branch took second place in terrns of caseload, with 5503 cases. Libya was a country based on the views, instructions The first officially recognised Libyan specialist in and beliefs of one person after the Libyan Constitution forensic sdences was Dr Fawzi Benomran. As noted was no longer in effect from 1977. Colonel Qadhafi (c. by Benomran (forensic Pathotogy in Libya, Personal 1942—2011) replaced the Constitution after taking Interview/Personal Comment, 7 May 201 3, Derna, power with his Green Book and with what he called the Libya), he was the first forensic pathologist in Libya. Iie People’s Declaration of 1977 (DPADM 2004). During held the post of Director of the Centre of Expert Qadhafi’s regime, which lasted for 42 years (1969— Witnesses to the Court of Laws and Research, and 201 t), the Ministry of Justice and National Police expe the Head of Department of Forensic Medicine and rienced widespread corruption. The majority of security Toxicology at the Faculty of Medidne of Bengbazi institutions were deliherately destroyed throughout that University until July 1997, when lie left Libya for a job period. However, there were a numher of security orga in Duhai, United Arab Emirates. Prior to I)r Benomran’s nisations that had authority and provided a high stan involvement, all forensic spedalists at the Centre were dard of facilities. This was because they were strongly expatriates from different nationalities (e .g. Egypt, supported, as they were originally founded mainly for India, Poland and Bulgaria). However, Libya stijl has a protection purposes and for internal and external inves shortage of experts in the field of forensic investigation, tigations for the benefit of that regime. where the domestically available specialties are restricted
Forensic Archacologv: A Gtohal Perspective, first Ediüon. Edïted by W,J. Mike Groen. Nicholas M1rquez-Grant and Roben C. Janaway. © 2015 John Witey & Sons, Ltd. Published 2015 by John Wiley 6- Sons. Ltd.
301
housed
logical
Persephone
Museum
262,
tims
BC
rernains
1973 was
radiocarbon
Professor
the mummified
national
have
between
human
to
of
to
remains.
Libyan
forensic
excavation
logical
1995
of
gists There
at
in
Status
apparent
conventional departments
in
of
which
(Benomran
ments
School
DNA there
forensic
odontology
forensic four
some to
302
There
the
France
The
(mass) the
There
(Aufderheide
Medicine
Omar
one
found
Libya
1978.
Uan
during
and
present
been
exhumed
at
forensic
State
profiling
are
material
moment.
at
are
human
other
opened
remains
Africa,
lacilities
at
archaeologists
main
El-Jaghbub
of
individuals investigation
of
have
for
the 196
Fabrizio
of
1981
toxicologists,
are
Muhuggiag
during
graves.
anthropology,
for
al-Mukhtar. of
no
bound
a
Both
Libyan
two
now
at
for
Emperor
body
Medicine
numher
dated
experience
Archaeologv
2013).
Jarma instance,
in
and
at
BC in
Cyrene, forensic
forensic
radiocarbon
currently
forensic sciences
and
pathologists
heen
Antiquities
White
and Asia
rernains
Lihya
in
from the
individuals
was
the
in
2003).
However, have
two
the
and
in
which
Since
forensic
and
Mori.
to
1974,
Universities.
very
the
museum.
justice DNA
University
animal
and
by
and
a
of
excavated
liberation
be
with
Gallinus’s AD
specialists
bv
of
the
archaeological
five
science
cave
1990. nuinber
at
an
equipment
other area
and,
of
are
First Dr
Another
Soine
A
are
between simple.
two
organisations, could
(rnass) and
was
the
fingerprinting Oceania
forensic
126
the
and
two
mummies
and
archaeology entornology.
Sanctuary
faunal
tests, academie
and
Fadel
experience
there
currently
skin,
who
completely
mummified,
and
University
Jastly,
in
the
discoveries
he
This forensic
discovered
of Moreover,
—
(Mohamed
lecturer
University
and
Anthropology of
education
also
graves.
of
by
forensic
fifth
the
the This
the
The in
example
when
and
A. second
were
are
found
Tripoli,
3275
consists
and
archaeology,
discoveries
a
since
C.
in
forensic
inside
Mohamed,
excavated
results
Libyan were be
half
this
regular
specialists
consulship
teaching
shortage
first
hold
of
201
in
rnedïcine
M.
at
eanhquake
of
such
he
human
and
respectively.
There
absent,
made weil-preserved is
in of
human
the
the
Demeter
the
archaeological
year
Pennsylvania
skin sectors
which
is
of
2007).
1.
discovered
Daniels
one
sent
of
in
a
the
the
1959
were
use
3635
as
56 genetics,
excavation
University archaeolo
PhD,
desert
the revolution,
Benghazi,
has
hetween
old
by
made are
was
archaeo
a
function
is
human
samples
skeletal
in
Advisor
forensic
skeletal
opened
such
forensic
osteo
depart
in are
child’s during
inside
School
There
inter
years
dated
in
been
child
Lihya
a
while
and
and
vie
very
AD
Only
still
by
few
the
hy
in
in
as
sometimes
and
ing
centre
and
ities.
Front,
with
department
country
the
the
that
of
of facifities.
despite made
compensate
The
the
clearly
the
in
Identification undervalued
anthropologists
many
nt)t
Lihya
colonialism,
country.
Libya
including
acterised
about Tafuri
by
of
team
activities
the Takarkori,
the
territorial
shelter
ered
skeletons
(Mattingly
Unidentified
Laws
Although
the
the
Diie
that
the revolution’s
even
Lïhya
one
rebels’
early
forensic,
revolution,
all
border
The
Tassili
belonged
Libyan
VSïth
except
and
from
20
many
future.
Libyan
2013).
has
showed
Department
experienced
1.8
period.
the
to
the
were
and
dentist.
in
if
The
days and
team
Therefore
of
hy
could
Stone
its
Greek,
is
they
a
million
Libya’s
been
different
unidentified
study
retrieved
which
and
Sapienza
of
with
2010).
absence
for
this
Research the
restricted
archaeological
for
its
still
it
as
for
strategie
Centre
led
not
when
bodies of
Ministry
this
illustrates
a
to
this
consisted
well
had
revolution
sixth
history
not
All
the
example the
archaeological
in
was
the
Age
a
Algeria
forensic
deficit
by
being
Roman,
was
yet
is
Sahara
the
Recently,
land km2,
centre
lack
he of
Libya
memhers
dentist.
dear
process
cases
Dr
Lihyan as
Acactis
the and
c)f
University
Lihyan
of
located
day.
presented
one
from
skeletons
liberated,
in
Antiquities
forensic
identified
location
its
launched
Salah
and
made
National
of
subspecialties in
Expert
of
bodies,
of
I.ihya
east
in
Benghazi,
is
and
body
of
and/or
of
qualified
original
While
Islarnic,
whose
desen.
was
the
Justice
identification
of
ar-chaeological
very
a
revolution
as
archaeology.
discoveries
the
68
four
Mountains.
archaeologists
scientists
of
in
Agab
strategic
eml)hasises
were
locally,
he the area
team
and
has
inission
responsible
Witnesses
during
Lihya
and
in
with
victims
hut
archaeological
southwestern
the in
hecause
the
different
criminal
Transitional
was
forensic
A
in
in
skills
history
at
Rome
Ottoman
who
heen
official
facial
of
official
and
under
archaeologists
new
and
large
forensic a
Tripoli
other
the
different
the
in
was
a
identification
and
position
great
(fehruary
helieve
in
volunteer
on
are
should is
a
of
around
an
of
As
strongly
features was
programme
for
that
beginning
area
in
to
as
lack
investigation the
the
surface
the
pathologists
liberated
civilisations,
parts
staff
the
the
unavailable
an
for have
institutions
possible.
(Lernia
attempt
and
nature
pan
effort
an
the
melline
inillennia
supponed
chairman
there
absence
Sahara,
auspices
injuries
Lihya
Eastern
of Coundi
victims,
between
dealing
of
African
of
that features
not
of
Italian
uncov
Court 2011)
a
fadil
of
they
dur
char
area,
Wadi
this
was
the
and rock
and
and
on
for
are
the
of
to be
on
in
of
a
bi.
i
•IJ
f(
n ir
Fi
T
VS
II it A
N ct ti d T
f
S(
d t’
h b
2 d VS
cc
a’ p
t’ a
tl 0 Forensic sciences in Libya and mass grave investigation 303
of ID. furtherinore, if there were no relatives who asked forces, the outcorne unknown. In other conflict zones, about them at the mortuary, they were usually buried in mortality rates were not documented, but predictions numbered individual graves, without a death certificate. based on previous experience were frightening. During Only photographs and a DNA sample were taken from that time new discoveries of muhiple ;nass graves were this first group. The second type of unidentified victims also made, of people previously killed by Qadhafi’s was those whose facial and physical features were forces. The first mass grave to be investigated was at partially or completely lost due to the severity of their Zueitina village. trauma. For example, on 2 April 2011, NATO mistak enly attacked the rebels; 13 pec)ple were killed and their Zueitina mass grave bodies were severely burned and charred. For forensic Zueitina is a coastal village 150km west of Benghazi. anthropologists obtaining a biological profile in those News of a mass grave in that area reached one of the cases is possible since forensic anthropologists can deal rebel hattalions from an eyewitness in April 2011. Soiiie with such cases even if the remains are modified hy the battalion members then went to the site at Zueitina and heat (Blau and Ubelaker 2009, 23). With the absence of after searching they uncovered their first eviclence. dental records, as well as the lack of a DNA database and Tliey kept searching until three skeletonised human facilities for analysis, the identification process in this hodies were exhumed non-scientifically. They then 2011 incident was difficult to apply. decided to complete this mission under legal jurisdiction This incident emphasised the cl;allenge that the team and the case was theref ore handed over to the Centre of faced regarding the increasing prohlem of identification. Expert Witnesses to the Court of Laws and Research bi The situation made the teani consider finding a suhsti Benghazi, where the forensic department recruited a tute for DNA analysis, rather than collecting samples; to forensic team (Figure 36. 1) led by a forensic pathologist, solve this problem the team proposed to start dental Dr Khaled Almgasbi. He was the Centre President and diagnostic work at the conflict line hy building up a the Head of its forensic department. After that all the dental record system for all the soldiers at the Eastern victims’ remains were exhurned from the grave Front. This proposal was promoted by a group of den (Figure 36.2), and then transferred to an autopsy laho tists from the University of Benghazi Dental School. ratory in the Benghazi Medical Centre (Figure 36.3). Another idea was to introduce a proposal to the military Seven skeletons were arranged in order from one to council and rebel leaders to make metallic military seven, post-mortern dental records were made, 1)hoto- identification plates for all soldiers at the front line. graphs were taken and dental samples were collected Neither of these 5c)IUtiOfls was implemented and the for I)NA analysis. Dental identification was attempted, ntimher of unidentified hodies increased dramatically. but found impossible as ante-inortem dental records The nuinbcr of missing rebels also increased, starting were absent. l)uring the first days of the revolution the with the first incident at Binjawad nu 8 Marci; 2011, internal security headquarters, which host represented when about 200 rebels were captureci hy Qadhafi’s the repression of Qadhafi’s security syswrn, was invaded
Figure 36.1 The Zueitina mass grave investigation team which inciudes the forensic team (eg. forensic pathologists, odontologists), rehels. prc)secutors, and memhers of human -__ rights organisations. April 2011. 304 Afrïca, Asia and Oceania
.4.
‘.4 .-
Figure 36.2 Exhurnation of the Zueitina - 1’• mass grave (2011). :i F1 St z
Figure 36.3 Autopsv laboratory of the Benghazi Medical Centre where the examination process of the Zueitina mass grave was held 12011). and destroyed by rebels. Some of the files detailing the accepted the news of their sons’ fate as they had regime’s cnimes were preserved by the rehels. These files suspected the cause of the disappearance for about 15 held inany secrets and one of these files related to the years. In 1996 a group of seven friends, two of thern Zuehina mass grave. It had contained all the necessary brothers aged 17—25vears old, were secretly executed information about the crime, one peni-mortem photo— hecause they disagreed with Qadhafi’s regime. The graph of one of the seveii victims (figure 36.4) and also murder happened away from the hurial place as recent their naines. stones from eyewitnesses mention the cnirne taking This file reached the cnirne investigator directly from place near a small city east of Benghazi called Alabvar, the rebels and after that the seven families were about 220 km from Zueitina. These seven skeletal informed as to what had happened to their sons. They remains belonged to this group of friends, hut the
1 Forensic sciences in Libya and rnass grave investigation 305
Figure 36.4 Superhnpositiori c)ftwo photographs. The first one is a peri-inortein picture which was found within the internal security headquaners’ files. The second one is a post-inortem picture of one of the seven victirns skulls of the victims of the Zueitina mass grave. This process was applied befc)rethe I)NA testing had been conciucted.
:1
Figure 36.5 The funeral cerernony for the Zueitina Martyrs was held in Benghaii’s Liheration PlaLa and they were buried in Alhawari Cemetery in May 2011. This picture was taken inside the Martyrs Battalion
tBenghazi Protection).
forensic team found it difficuk to differentiate between ples had heen taken a ftmeral ceremony for the Zueitina them and thus issue a deatli certificate for each of thern. Martyrs was held in Benghazi’s I.iberation Plaza and Lihyan forensic specialists testified as to their findings to they were buried in Alhawari Cemetery in May 2011 the Centre of Expert Witnesses to the Court of Laws çfigure 36.5). DNA analysis for the seven cases and and Research. The sample collection instructions for their farnilies was conducted in the Genoma laboratory initochondrial DNA analysis were given by the in Rome, Italy, and the resuks were finally disciosed on American Society of Forensic Odontology. After sam- $ July 2012.
nally heen
System specific
fims,
Demonsnating
involved
has
the
identity
develop
for house
LIC
wfth
essential
creating
Tripoli
cases for
tICMB
General
PIIR hy
on
UCMP; collecting
this
familles
Hofmeister,
for
tional ple.
Commiltee
government
bas
revolution
in
estilnates
Martyrs
127f) Research,
the investigation
Jawaci
rehels
is
in
Multiple
revolution
306
Identification
Full
This
The
The
better
MAF
the
ability
Libya.
Libya
been
the
plans
reuniting
Human
This
been
Centre
designed
volume)
2013).
missing
focal
from
prisoflers
training
a
in
agreement
inch;ding
2012).
International
Ben
(FI)MS),
organisations.
Libyan
killed
Afrïca,
version further handling
village
MM,
facility
testing
in Hanson,
Kathryn
a
in
has
of
November
provided
during
coordination
and
to
mass
a
to
This
and
that
l3enghazi
Libyan
the
in
the
as
of
developing
great
Jawad
Chapter
Martyrs of
have
provide
been
Rights
to
person
Naser
hy
the by
Expert
supported
well of
families,
in
Missing
Minïstry
identification
the Qadhafi’s
storing
Asia
number is
there graves
the
killed
in
to
search
and
a and
the
of
this
successfuÏ
of
effort
Qadhafi’s
locateci
Bomherger,
a
other
inciudes
Chapter done
inanage
last
spedalised
Identification
archa
value
as
grave,
hy
Jibril
Red
DNA
the
2012
ICMP Inissing and
(PIIR;
brauch.
49
which
after
assistance
cases
Witnesses
are
grave
process
in
Commission
and
from
were
For
personal
for
the
2
of
a
Persons
this made
dealing with
areas.
inciudes
of
1996
eology
Cross
regime
Forensic Hamed,
the Oceania
around
laboratory
years.
of sustainable
internal
to
1
which
the
and
Missing
to
the
in 5f)
biological
ICIvIP the
example, previous
Schmitt
discovered
started
recovery
48
forces
volume)
will
archaeology
try
process the
person
record
Mhflstry in
kin
Libya hy
liheration.
software
and
This
identify
Affairs
ICMP (ICRC;
to
internationally.
Abu
this
to
details
with
In and
cooperation
after
the
J)eople
have
inciudes
agreed
Centre
10,000
for
east
and
the
testing
sotve
in
Data the
on
centre
on
Persons
addition,
identification,
in
et
system
Sallin
events,
cases
of
volume)
the
and
and
Libyan
providing
means
samples
Lihyan
March
the
Court
of
human
2
in
of
Tidhall-Binz
of
Missing
the Lihyan the
the
mass
and/or
al.,
solution
missing
to
anthropology. Manh
lost
the
The
latest people the
Management
different
identification
çLIC). the
has
Sirte.
Affairs
should
in
International prison.
157
(ICRC
cooperate
missing
future.
capachy
Chapter
which
of
such
provisiorial
(MAFMM)
grave
Libya
of Fainilies
of
cluring
Physicians
largest
2011.
scientists
certainly
a
for
Libyan
Laws
remains,
Minister
bodies
cmiflicts
director,
advising
interna
dealing Persons Forensic
2012
help
Lihva
This
person
inisshig
inter
allow
of
2013;
as
DNA
There
places
will
vie
and
The
will pec)
and
Ben
the
and
one
the
the
to
in
in
53
is
by
of
of
few
forensics
graves. vation
this
from
liheration
Odontology organisations
forensic
and
domestic
there
sciences
forensic
Currently
Future
Inissing
support, be
on
Odontology
Figure
29
next
will
donated
graves
univershies
August
are 36.6
Therefore
of
person
he
sciences
are
years.
in the
archaeology.
forensic
of
war,
others
Meinhers
there
of
human
of
and
Libya
2012.
(Figure
completely
the
ICMP
by
have
forensic
value
such
Jegislation.
who
National
are
the
currently
outside
may team
will
it
heen
of
will
remains
in
as
36.6.
is
many
the
are
commission.
the
the
grow
In
receive
anticipated
able
assist
Health
founded Libyan
ahsent
receiving
the sciences
search, Lihyan
addition,
training
Libvan
Moreover.
to
significantly
country.
buried
Libya
Systems
Society
deal
training
in
during
Society
location
Lihya.
training
In
students
that in
with
in
of
related
Conference
in
in
Many
writing
terms
archaeologists
Libya Forensic
and
in
the
Lïbya
Meanwhile,
war
clandestine
of
during
and
forensics;
inciuding
Forensic
after
studying
of
field
of
to
civilian
victims
specific
exca
held
these
he
legal
the
the
of a
DPADM
Blati,
Aufderheide,
Mshawari,
References
time
Dr
Embury.
Ah
1 Acknowledgements
aspx
PublicAdministrationCoontryProfilesltabid/677
wish
Affairs,
u
Management)
Anthropotogy
Press.
Cambridge. php?itemid=313
http:/fwww.aladel.gov.lv/main/modnles!sections!item.
opa
Mahrnud
Moharned,
S.
of
(last
n.o
to
and
(Division
research
UN.
Dr
express
rg
A.
accessed
Uhelaker,
/
University
fawzi
D
A.
2012.
2004.
Kaddura
and
PAD
2004.
Tariq
for
C.
and
(last
mv
20 M
Archaeotogv.
The
Country
Benomran.
Public
2003.
/
D.
April
EljahmL sincere
viiting
Product
accessed
Departrnent
of Lihvan
for
H.
Cambridge.
Adminïstration
Report.
2013). The
(eds.)
their
MinLstrv
grafiwde
s
of
25
Service
Scientzflc
Wanysa
Walnut
Dr
this
2009.
contrihution
April
Available
of
Khaled
Economic
chapter.
of
s/The
2013).
Handbook
Justice.
to
Creek,
Study
Massoud,
and
Professor
at:
Alrngasbi
mati
Development
http:J/www.
of
Available
during
Left
and
of
cPo
IDefault.
Mummies.
forensic
Rachel
rt
Social
Coast
fadel
als!
forensic
and
the
at:
White
Physicians
Mohamed,
Mattingl
Lernïa,
ICRC.
ICMB.
sciences
Persephone
University
amazonaws.com/PHR_other/annual-report-20
accessed and
Identification
Schinitt,
Roma
naica
L.
London, Anthropotogical
record
mobile
figures-libya-long.htm
http:!!www.icrc.org/eng/where-we-worklafrica.’libya!facts
Available
libya-sïgn-agreement!
Cooperation
Gasperini
Lamburne,
D.
2013.
2012.
S. neti
—
(cd.)
and
Frascatï.
D.
landmarks:
from
S.,
10 The
in
for
‘antichitâ.
f.
of
at
J.
November
IcMP
Sozer,
Libya:
Libya
at:
Needs
A.
Tafuri,
Pennsylvania.
concerning
Society
Cvrene.
Human
(cd.)
1990.
and
Archaeotogy
Wadi
2007.
R.
and
http:
A.,
Assessment
What
2010.
Camhridge,
S.
and
M.
Atti
The
the
for
Libya.
Haglund,
Libyan
Rights M.
/
Trail
2014).
Takarkon
(last
(last
Iv.ic-rnp.org!press-releases/icmp
A.
Extramural
mass
Lihyan
the
dcl
Missing
The
Holocene
Marengo
32.
2013.
accessed
accessed
final
convegno Excavations
IRC
Archaeology
Got’ernment
and
(PHR).
1—15.
grave
MA.
W..
Studies.
Persistent
Gap
Persons.
Did
Reports
(SW
Peenvani,
Sanctuaty
Available mortuary
(eds.)
1
1
Analvsis.
ineernazionale
investigation
2013.
in
May
May
of
Sign
Lihva.
2012.
at
Fazzan.
November
IV.
death
2013).
Cirene
2013).
El-Jaghbub.
an
Libyan
of N.,
1
at:
Contributors:
Philadelphia.
3
and
Available
Denzeter Agreement
Vamey,
Journat
https://s3.
places
Volume
e
di
la
isotopic
Human
studi.
2012.
Cire
(last
and
and
307
H.,
at:
In
on
3. of