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Libya

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were numerous reports that armed groups aligned with both the Government of National Accord (GNA) and the Libyan National Army (LNA) and other nonstate actors, including foreign fighters and mercenaries, committed arbitrary or unlawful killings. The Ministry of Interior, Ministry of Justice, and Office of the Attorney General bore responsibility for investigating such abuses and pursuing prosecutions but were either unable or unwilling to do so in most cases due to severe capacity constraints.

Alliances, sometimes temporary, among elements of the government, nonstate actors, and former or active officers in the armed forces participating in extralegal campaigns made it difficult to ascertain the role of the government in attacks by armed groups.

In July, GNA Coast Guard officials shot and killed three migrants as they attempted to escape from authorities after being disembarked from a vessel intercepted on the Mediterranean.

In June at least eight mass graves were discovered in the city of Tarhouna and in areas of southern Tripoli, which had been under the territorial control of LNA-aligned forces, including the Kaniyat militia, since April 2019. According to Libya’s General Authority for the Search and Identification of Missing Persons (GASIMP), the remains of at least 102 persons, including women and children, had been uncovered as of late October. More than 100 additional bodies were recovered from Tarhouna Hospital, reportedly including many civilians. An additional 270 persons were missing from the area, according to accounts from families. On October 18, GASIMP reported the discovery of an additional five mass graves near Tarhouna containing the remains of at least 12 unidentified persons, six of whom were bound and blindfolded. According to GASIMP officials, their investigation into these mass graves continued.

Eastern authorities reportedly killed one civilian and injured three others during peaceful demonstrations in the city of al-Marj on September 12, according to UN Support Mission in Libya (UNSMIL).

In some cases foreign mercenaries carried out unlawful killings with support from their home governments. The Russia-linked Wagner Group provided command and control support in the LNA’s offensive on Tripoli, which resulted in hundreds of civilian casualties.

Nonstate armed groups and criminal gangs committed other unlawful killings. In May a trafficking ring in the northwestern city of Mizda massacred 30 migrants and seriously injured several others. The MOI announced an investigation and arrest warrants for suspects shortly after the incident, which was ongoing at year’s end.

Armed groups in Tripoli linked to the GNA used machine guns and vehicle-mounted antiaircraft weapons to disperse largely peaceful anticorruption protests between August 23 and August 29, allegedly killing one protester, according to Human Rights Watch. The armed groups–including the Nawasi Brigade and the Special Deterrence Forces/Rada Group–reportedly arbitrarily detained at least 23 protesters and a journalist covering the event, with additional allegations of torture and disappearances.

In the absence of an effective judicial and security apparatus, most killings were not investigated. Between January and June, the UN Office of the High Commissioner for Human Rights (OHCHR) documented the deaths of 170 civilians and the injury of 319 others. From June to November, UNSMIL reported at least five civilian deaths and 16 injuries, including to three women and three boys younger than 10.

Between January and June, the UN Office of the High Commissioner for Human Rights (OHCHR) documented the deaths of 170 civilians and the injury of 319 others. From June to November, UNSMIL reported at least five civilian deaths and 16 injuries, including to three women and three boys younger than 10.

On June 3, drone strikes in support of the GNA struck the Qasr bin Gashir District of southern Tripoli, resulting in the killing of 17 civilians, according to UNSMIL.

In early June, as LNA units withdrew from Tripoli, Russian Wagner Group mercenaries indiscriminately planted land mines, booby traps, and improvised explosive devices around the outskirts of Tripoli, including in heavily residential areas. UNSMIL subsequently determined these devices were responsible for 43 civilian casualties, including the killing of two mine-clearing experts and the injury or maiming of 41 other civilians, including a number of children.

On November 10, unidentified gunmen shot and killed prominent lawyer and anticorruption activist Hanan al-Barassi in the eastern city of Benghazi. Al-Barassi was an outspoken critic of abuses in areas controlled by the LNA. Amnesty International reported al-Barassi had received death threats and had planned to release video exposing corruption within Haftar’s family on social media. The LNA ordered an investigation into the assassination.

b. Disappearance

GNA and LNA-aligned armed groups, other nonstate armed groups, criminal gangs, and tribal groups committed an unknown number of forced disappearances (see section 1.g.). Due to its limited capacity, the GNA made few effective efforts to prevent, investigate, or penalize forced disappearances.

In March, UNSMIL expressed concern over an increase in abductions and enforced disappearances in towns and cities across the country conducted by armed groups with total impunity. Migrants, refugees, and other foreign nationals were especially vulnerable to kidnapping. UNSMIL received reports that hundreds of migrants and refugees intercepted or rescued at sea by the Libyan Coast Guard went missing after disembarking at Libyan ports, and it was possible they were seized by armed groups engaged in human trafficking or smuggling. The Office of the UN High Commissioner for Refugees (UNHCR) reported that between January and November, 192 migrants and refugees were confirmed missing and 107 bodies were recovered during search and rescue operations.

Following the LNA’s capture of Sirte in January, UNSMIL received reports of enforced disappearances perpetrated by armed groups perceived as being loyal to the GNA.

In June following the discovery of mass graves in Tarhouna, UNSMIL reported it had received reports of hundreds of crimes, including a significant number of forced disappearances, perpetrated in Tarhouna in recent years. On February 5, it was widely reported that the Tarhouna-based Kaniyat militia abducted several women whose fates remain unknown.

July 17 marked the one-year anniversary of the high-profile disappearance of member of parliament Siham Sergiwa, who was abducted from her home shortly after criticizing the LNA’s Tripoli offensive in a television interview. Her whereabouts remained unknown, and her disappearance reportedly had a chilling effect on women’s political participation.

Libyan and international human rights organizations reported that dozens of civil society activists, politicians, judges, and journalists have been forcibly disappeared by both western and eastern security services or armed groups and detained for making comments or pursuing activities perceived as being disloyal to the GNA or LNA. On February 26, unknown individuals abducted Judge Mohamed bin Amer while he was walking with his wife and children in the western city of al-Khoms. Numerous judges, lawyers, and public prosecutors across western Libya protested publicly to demand his release. His whereabouts remained unknown. On March 2, armed men from the “Security Operations Room” of the LNA in Derna arrested the general manager of al-Harish hospital from his home; he was reportedly subsequently released. On October 21, the head of the GNA Media Corporation, Mohamed Bayou, along with his two sons and the newly appointed head of programs at the Libya al-Wataniya television channel, Hind Ammar, were abducted by the Tripoli Revolutionaries Brigade, a Tripoli-based militia. Bayou’s two sons and Ammar were released soon afterwards.

Many disappearances that occurred during the Qadhafi regime, the 2011 revolution, and the postrevolutionary period remained uninvestigated. Due to the continuing conflict, weak judicial system, and legal ambiguity regarding amnesty for revolutionary forces, law enforcement authorities and the judiciary made no appreciable progress in resolving high-profile cases. Authorities engaged in documenting missing persons, recovering human remains, and reunifying families reported being underfunded. The International Commission on Missing Persons estimated there could be up to 15,000 missing persons in the country dating back to the Qadhafi era.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the 2011 Constitutional Declaration and postrevolutionary legislation prohibit such practices, credible sources indicated personnel operating both government and extralegal prisons and detention centers tortured detainees (see section 1.g.). While judicial police controlled some facilities, the GNA continued to rely on armed groups to manage prisons and detention facilities. Furthermore, armed groups, not police, initiated arrests in many instances. An unknown number of individuals were held without judicial authorization in other facilities nominally controlled by the Ministry of Interior, Ministry of Defense, or in extralegal facilities controlled by GNA-affiliated armed groups, LNA-affiliated armed groups, and other nonstate actors. Treatment varied from facility to facility and typically was worst at the time of arrest. There were reports of cruel and degrading treatment in government and extralegal facilities, including beatings, administration of electric shocks, burns, and rape. In many instances this torture was reportedly initiated to extort payments from detainees’ families.

International and Libyan human rights organizations noted that the GNA-aligned Special Deterrence Force and Nawasi Brigade conducted summary executions, acts of torture, and other abuses at official prisons and unofficial interrogation facilities.

In June following the withdrawal of the LNA-aligned Kaniyat militia from the city of Tarhouna, advancing GNA forces found corpses at Tarhouna Hospital that bore wounds indicative of torture. In July a pro-GNA news network broadcast footage of an extralegal detention facility where it claimed the Kaniyat had tortured victims by confining them in metal cell-like containers and lighting fires on top of the containers.

In addition to individuals held in the criminal justice system, the International Organization for Migration (IOM) estimated that 2,565 refugees, asylum seekers, and migrants were held in migrant detention centers nominally controlled by the Ministry of Interior’s Department to Combat Illegal Migration (DCIM) as of December. An unknown number of other refugees and migrants were held in extralegal detention facilities, such as smugglers’ camps, controlled by criminal and nonstate armed groups. Persons held in these facilities were routinely tortured and abused, including being subjected to arbitrary killings, rape and sexual violence, beatings, forced labor, and deprivation of food and water according to dozens of testimonies shared with international aid agencies and human rights groups. In January, for example, UNSMIL interviewed 32 migrants who had been arbitrarily detained and subjected to torture or rape for ransom by nonstate criminal groups and state officials, including DCIM and Coast Guard employees.

In June and July, migrants who claimed to have escaped from informal human trafficking camps in Bani Walid, southeast of Tripoli, appeared at aid organization offices in Tripoli bearing wounds indicative of torture.

Impunity was a significant problem within the security forces, and the GNA lacked the ability seriously to pursue accountability for abuses due to challenges posed by the ongoing civil conflict, political fragmentation, a lack of territorial control over much of the country, and widespread corruption.

Prison and Detention Center Conditions

Prisons and detention facilities were often overcrowded, and conditions were harsh and life threatening, falling well short of international standards. Many prisons and detention centers were outside GNA control (see section 1.g.).

Physical Conditions: During the year prisons remained overcrowded, were in need of infrastructural repairs, suffered from poor ventilation, lacked adequate hygiene facilities, and experienced power and water outages. Prisons lacked clean drinking water and served low-quality food. UN agencies reported malnutrition was a risk in some prisons and detention centers, notably at DCIM facilities, which did not receive a food budget.

Communicable diseases, including tuberculosis, scabies, and HIV/AIDS, affected detainees in some prisons and detention centers. There were unconfirmed cases of COVID-19 reported in the LNA-controlled Kweifiyah Prison in Benghazi. Most prisons lacked functioning health units, and inmates depended on family members to bring them medicine. Inmates who needed medical attention were sometimes transferred to public hospitals within the jurisdiction of whichever police unit or militia controlled the prison; these transfers often depended on the availability of private vehicles, as most prisons lack ambulances.

There was no centralized record keeping. There were reportedly no functioning juvenile facilities in the country, and authorities held juveniles in adult prisons, although sometimes in separate sections.

UNSMIL estimated there were approximately 500 women detained in Libyan prisons as of May. Women prisoners faced conditions that fell well short of international minimum standards. Although there were often separate facilities for men and women, women remained almost universally guarded by male prison guards. UNSMIL received numerous reports of women who were subjected to forced prostitution in prisons or detention facilities in conditions that amounted to sexual slavery.

According to international and Libyan migration advocates, migrant detention centers suffered from massive overcrowding, poor sanitation, lack of access to medical care, food shortages, and significant disregard for the protection of detainees, including allegations of unlawful killing, sexual violence, and forced labor. As of July, the IOM estimated 27 percent of migrants and refugees held in DCIM detention centers were minors. A large number of migrant and refugee detainees were held in extralegal facilities, although numbers were unknown. There were numerous anecdotal reports that officials, nonstate armed groups, and criminal gangs moved migrants through a network of government and extralegal detention facilities with little monitoring by the government or international organizations.

Administration: The Judicial Police Authority, tasked by the GNA-aligned Ministry of Justice to run the prison system, operates from its headquarters in Tripoli. It remained administratively split, however, with a second headquarters in al-Bayda that reports to a rival, eastern “Ministry of Justice” that provides oversight to prisons in eastern Libya. During the year the ratio of detainees and prisoners to guards varied significantly. Monitoring and training of prison staff by international organizations remained largely suspended, although training of judicial police continued during the year.

Units affiliated with the GNA-aligned Ministries of Interior and Defense and rival eastern security forces operated other prisons and detention centers.

As of April, UNSMIL estimated there were 9,000 persons detained in 28 facilities under Ministry of Justice oversight and up to 10,000 individuals in prisons controlled by the Ministry of Interior, Ministry of Defense, or nonstate armed groups. As of July, the IOM estimated there were 2,400 persons detained in DCIM facilities and potentially thousands of other migrants held in extralegal and informal facilities.

Independent Monitoring: Multiple independent monitoring organizations reported difficulties gaining access to prison and detention facilities, particularly those in eastern Libya. The GNA permitted some independent monitoring by international organizations, including the ICRC, but these movements were tightly controlled. UN and international aid organization sources reported that DCIM officials repeatedly denied access requests. The onset of the COVID-19 pandemic created further barriers to humanitarian access. Although some international organizations received permission to visit migrant detention facilities during the year, the responsiveness of GNA authorities and level of access varied widely from visit to visit. As of November, UNHCR and its partners had conducted 250 visits to DCIM facilities to administer aid and register refugees and asylum-seekers.

Improvements: As of May, the GNA reported that it had released nearly 2,000 persons from Ministry of Justice prisons to reduce overcrowding and minimize possible vectors for the spread of COVID-19. The ministry reportedly prioritized the release of persons who had already served more than half their sentences. While international watchdogs welcomed the move, they noted that the vast majority of persons in prisons and detention facilities were being held in pretrial detention. These groups called on the GNA to immediately release vulnerable inmates in pretrial detention, including women, children, the elderly, and persons with disabilities. UNSMIL maintained that all migrant detention facilities should be closed and the detainees released.

d. Arbitrary Arrest or Detention

There were continued reports by UNSMIL of prolonged and arbitrary detention for persons held in prisons and detention facilities. Human Rights Watch (HRW) stated that a large but indeterminate number of persons held in such prisons and detention centers were arbitrarily detained for periods exceeding one year.

Nonstate actors detained and held persons arbitrarily in authorized and unauthorized facilities, including unknown locations, for extended periods and without legal charges or legal authority.

The prerevolutionary criminal code remains in effect. It establishes procedures for pretrial detention and prohibits arbitrary arrest and detention, but these procedures were often not enforced. The government had weak control over police and GNA-aligned armed groups providing internal security, and some armed groups carried out illegal and arbitrary detentions unimpeded. The low level of international monitoring meant that there were no reliable statistics on the number of arbitrary detentions.

Arrest Procedures and Treatment of Detainees

The law stipulates an arrest warrant is required, but authorities may detain persons without charge for as long as six days and may renew detention for up to three months, provided there is “reasonable evidence.” The law also specifies authorities must inform detainees of the charges against them and have a detainee appear before a judicial authority every 30 days to renew a detention order. The law gives the government power to detain persons for up to two months if considered a “threat to public security or stability” based on their “previous actions or affiliation with an official or unofficial apparatus or tool of the former regime.”

Although the 2011 Constitutional Declaration recognizes the right to counsel, the vast majority of detainees did not have access to bail or a lawyer. Government authorities and armed groups held detainees incommunicado for unlimited periods in official and unofficial detention centers.

Arbitrary Arrest: Authorities frequently ignored or were unable to enforce the provisions of the criminal code prohibiting arbitrary arrest and detention. Various GNA-aligned and nonstate armed groups arbitrarily arrested and detained persons throughout the year. UNSMIL, along with other local and international organizations, reported that a number of individuals arriving in Tripoli from eastern Libya were arbitrarily arrested by armed groups in early November. At least one person was followed to his destination in Tripoli and then arrested, while others were allegedly arrested at Tripoli’s Mitiga airport upon arrival.

Pretrial Detention: While authorities must order detention for a specific period not exceeding 90 days, the law in practice results in extended pretrial detention. An ambiguity in the language of the law allows judges to renew the detention period if the suspect is of “interest to the investigation.” In addition, limited resources and court capacity resulted in a severe backlog of cases. UNSMIL estimated that 60-70 percent of persons detained in Ministry of Justice prisons were in pretrial detention. According to international nongovernmental organizations (NGOs), many of these detainees were held for periods longer than the sentences for the minor crimes they allegedly committed. The Ministry of Justice was working to improve practices by training the judicial police on international standards for pretrial detention. The number of persons held in pretrial detention in Ministry of Interior, Ministry of Defense, and extralegal detention facilities was not publicly known.

Some individuals detained during the 2011 revolution remained in custody, mostly in facilities in the west. International NGOs called for the release of detainees held for petty charges to mitigate overcrowding and COVID-19 transmission risk in prisons. The GNA-affiliated Office of the Attorney General established a committee in late 2018 to review cases of arbitrary detention and process detainees for potential release, but international watchdogs criticized the committee for acting slowly.

Armed groups held most of their detainees without charge and outside the government’s authority. With control of the security environment divided among various armed groups and a largely nonfunctioning judiciary, circumstances prevented most detainees from accessing a review process.

Detainees Ability to Challenge Lawfulness of Detention before a Court: The law allows a detained suspect to challenge pretrial detention before the prosecutor and a magistrate judge. If the prosecutor does not order release, the detained person may appeal to the magistrate judge. If the magistrate judge orders continued detention following review of the prosecutor’s request, and despite the detainee’s challenge, there is no further right to appeal the assigned detention order. A breakdown in the court system, intimidation of judges, and difficulties in securely transporting prisoners to the courts effectively limited detainee access to the courts during the year. For persons held in migrant detention facilities, there was no access to immigration courts or due process.

e. Denial of Fair Public Trial

The 2011 Constitutional Declaration provides for an independent judiciary and stipulates every person has a right of recourse to the judicial system. Nonetheless, thousands of detainees lacked access to lawyers and information concerning the charges against them. In some cases trials were held without public hearings. Judges and prosecutors faced threats, intimidation, violence, and lack of resources. Judges and prosecutors in various parts of the country cited concerns regarding the overall lack of security in and around the courts, further hindering the rule of law. Civilian and military courts operated sporadically depending on local security conditions. Court proceedings were limited in areas affected by continuing hostilities and in the country’s south. All judicial sector proceedings in GNA-controlled areas, including court appearances, were suspended in April and May due to COVID-19 concerns. There were reports of some civilian activists tried in LNA military courts in eastern Libya under dubious charges.

Trial Procedures

The 2011 Constitutional Declaration provides for the presumption of innocence and the right to legal counsel, provided at public expense for the indigent. During the year GNA-affiliated and nonstate actors did not respect these standards. There were multiple reports of individuals denied fair and public trials, choice of attorney, language interpretation, the ability to confront plaintiff witnesses, protection against forced testimony or confessions, and the right to appeal.

According to reports from international and local NGOs, arbitrary detention and torture by armed groups, including those operating nominally under government oversight, contributed to a climate of lawlessness that made fair trials elusive. Armed groups and families of the victims or the accused regularly threatened lawyers, judges, and prosecutors.

Amid threats, intimidation, and violence against the judiciary, the GNA did not take steps to screen detainees systematically for prosecution or release. The courts were more prone to process civil cases, which were less likely to invite retaliation, although capacity was limited due to a lack of judges and administrators.

Political Prisoners and Detainees

Armed groups, some of which were nominally under GNA authority, held persons on political grounds, particularly former Qadhafi regime officials and others accused of subverting the 2011 revolution, in a variety of temporary facilities.

The lack of international monitoring meant that there were no reliable statistics on the number of political prisoners.

Civil Judicial Procedures and Remedies

The 2011 Constitutional Declaration provides for the right of citizens to have recourse to the judiciary. The judicial system did not have the capacity to provide citizens with access to civil remedies for human rights violations. The Law of Transitional Justice provided for fact-finding, accountability, and reparations for victims, but this was not implemented in practice. Courts did process civil, administrative, family, commercial, and land and property law matters. Lack of security and intimidation by armed groups challenged the ability of authorities to enforce judgements.

Impunity for the state and for armed groups also exists in law. Even if a court acquits a person detained by an armed group, that person has no right to initiate a criminal or civil complaint against the state or the armed group unless “fabricated or mendacious” allegations caused the detention.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The 2011 Constitutional Declaration considers correspondence, telephone conversations, and other forms of communication inviolable unless authorized by a court order. Nonetheless, reports in the news and on social media indicated GNA-aligned groups, LNA-aligned groups, criminal groups, and other nonstate actors violated these prohibitions by monitoring communications without judicial authorization, imposing roadside checks, and entering private homes.

In August a number of Libyan human rights organizations protested the practice by Libyan authorities of searching cell phones, tablets, and laptops at roadside checkpoints, airports, and border crossings. These organizations noted the practice was widespread across both western and eastern Libya and was used as a means to target activists, lawyers, media professionals, bloggers, and migrants.

Invasion of privacy left citizens vulnerable to targeted attacks based on political affiliation, ideology, and identity. Extrajudicial punishment extended to targets’ family members and tribes. Armed groups arbitrarily entered, seized, or destroyed private property with impunity.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of human rights groups encountered government restrictions when investigating alleged abuses of human rights. The GNA and affiliated nonstate armed groups used legal and nonlegal means to restrict some human rights organizations from operating, particularly organizations with an international affiliation.

The United Nations or Other International Bodies: UNSMIL maintained its headquarters and staff in Tripoli during the year. UN agency representatives were able to visit some areas of the country, contingent on the permission of government and nonstate actors and on local security conditions.

The GNA was unable to assure the safety of UN officials, particularly in areas of the country not under GNA control, but generally cooperated with UN representatives in arranging visits within the country.

Government Human Rights Bodies: The National Council for Civil Liberties and Human Rights, a national human rights institution created by legislative authority in 2011, was not able to operate in the country due to security concerns and a lack of a budget. The council maintained limited engagement with other human rights organizations and the UN Human Rights Council. It had a minimal presence in Tripoli. Its ability to advocate for human rights and investigate alleged abuses was unclear.

The GNA Ministry of Justice chaired an interagency joint committee to investigate human rights abuses in the country. The joint committee reportedly compiled quarterly reports on human rights conditions. These reports were not publicly available. Domestic and international human rights organizations criticized the body for inactivity and noted that it lacked sufficient political influence to effect change.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons persisted, and official discrimination was codified in local interpretations of sharia. Convictions of same-sex sexual activity carry sentences of three to five years’ imprisonment. The law provides for punishment of both parties.

There was little information on discrimination based on sexual orientation or gender identity in employment, housing, access to education, or health care. Observers noted that the threat of possible violence or abuse could intimidate persons who reported such discrimination.

There were reports of physical violence, harassment, and blackmail based on sexual orientation and gender identity. Armed groups often policed communities to enforce compliance with their commanders’ understanding of “Islamic” behavior, harassing and threatening with impunity individuals believed to have LGBTI orientations and their families.

In December 2019 an internationally recognized, Tripoli-based journalist, Redha al-Boum, was arbitrarily detained and tortured by a GNA-aligned group for two weeks for reporting on human rights conditions in the country, including coverage of the LGBTI community. According to international watchdog groups, he was conditionally released while awaiting a potential referral for trial proceedings.

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