Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
While the Constitutional Declaration and post-revolutionary legislation prohibit such practices, credible sources indicated personnel operating both government and extralegal detention centers tortured prisoners (see section 1.g.). While judicial police controlled many facilities, the GNA continued to rely primarily on armed groups to manage prisons and detention facilities. Furthermore, armed groups, not police, initiated arrests in most instances. According to Human Rights Watch (HRW), armed groups held detainees at their discretion prior to placing them in official detention facilities. Treatment varied from facility to facility and typically was worst at the time of arrest. National Committee for Human Rights in Libya (NCHRL) reported abuses included beatings with belts, sticks, hoses, and rifles; administration of electric shocks; burns inflicted by boiling water, heated metal, or cigarettes; mock executions; suspension from metal bars; and rape.
On November 14, Director of the Patrol Department of the Public Security Service under the Qadhafi regime, Brigadier General Nuri al-Jalawawi, died after being tortured in Al-Hadhba prison in Tripoli, according to human rights activists and press reports. Nuri was arrested after the 2011 revolution and held in Al-Hadhba prison, which is under the control of the Tripoli Revolutionary Brigades (TRB). In 2015 the Tripoli Appellate Court suspended the case against him and ordered his transfer to Al-Razi Psychiatric Hospital in Gargaresh; however, he was never transferred or released.
According to the testimony of former detainees held in Mitiga Prison, Special Deterrence Force (SDF) prison administrators subjected detainees to torture. Former Mitiga detainees reported suspension from their shoulders for many hours leading to dislocations; beatings that lasted up to five hours; beatings with PPV tubes; beatings of their feet in a torture device called the “al-Falqa” cage; and broken noses and teeth. SDF leaders Khalid al-Hishri Abuti, Moadh Eshabat, Hamza al-Bouti Edhaoui, Ziad Najim, Nazih Ahmed Tabtaba, as well as SDF head Abdulrauf Kara and prison directors Usama Najim and Mahmoud Hamza supervised the prison according to a former detainee in the facility.
Prison and Detention Center Conditions
Prisons and detention facilities are often overcrowded, harsh, and life threatening, falling well short of international standards. Many prisons and detention centers were outside government control see section 1.g.).
According to the International Organization for Migration (IOM) and the Office of the UN High Commissioner for Refugees (UNHCR), migrant detention centers, operated by the GNA Ministry of Interior’s Department to Combat Irregular Migration, also suffered from massive overcrowding, extremely poor sanitation conditions, lack of access to medical care, and significant disregard for the protection of the detainees. According to press reports, detainees experienced discrimination on the basis of their religion. IOM did not, however, receive complaints during the year about migrants prevented from engaging in religious observances while detained.
Physical Conditions: In the absence of an effective judicial system or release of prisoners, overcrowding and limited access to health care reportedly continued during the year. Many prison facilities need infrastructural repairs. Accurate numbers of those incarcerated, including a breakdown by holding agency, were not available.
Detention conditions were sometimes substantially different for types of detainees; according to reports by the NCHRL, ISIS detainees and other terrorist suspects were detained in less crowded conditions due to security concerns.
A large number of detainees were foreigners, mostly migrants. Facilities that held irregular migrants generally were of poorer quality than other facilities. The Libyan Young Lawyer’s Association (LYLA) reported poor conditions at the government detention center in Zawiya. According to UNHCR, as of September, there were between 8,000 and 9,000 migrants and refugees housed in the 20 active official detention center’s run by the GNA’s Department for Combatting Irregular Migration (Ministry of Interior), down from 20,000 in late 2017. A large number of additional migrant detainees were reportedly held in nongovernment centers, although numbers were unknown. Officials, local militias, and criminal gangs moved migrants through a network of detention centers with little monitoring by the government or international organizations.
There were reportedly no functioning juvenile facilities in the country, and authorities held juveniles in adult prisons, although sometimes in separate sections. There were separate facilities for men and women.
There were reports of killings and deaths in detention centers. Due to security conditions that limited monitoring, the exact number of those killed in prisons, jails, pretrial detention, or other detention centers was unknown.
Makeshift detention facilities existed throughout the country. Conditions at these facilities varied widely, but reports indicated the conditions in most were below international standards. Consistent problems included overcrowding, poor ventilation, and the lack of basic necessities.
Administration: The Judicial Police Authority, tasked by the GNA 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 separate, rival, eastern Ministry of Justice that provides oversight to prisons in eastern Libya and Zintan. 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.
Independent Monitoring: The GNA permitted some independent monitoring and permitted IOM and UNHCR increased access to transit facilities. Nevertheless, the lack of clarity regarding who ran each facility and the sheer number of facilities made it impossible to gain a comprehensive view of the system.
Reports also questioned the capability and professionalism of local human rights organizations charged with overseeing prisons and detention centers.
Due to the volatile security situation, few international organizations were present in the country monitoring human rights. UNSMIL monitored the situation through local human rights defenders, members of the judiciary, and judicial police. The absence of a sustained international presence on the ground made oversight problematic; however, UNSMIL relocated most of its staff to Tripoli by the end of the year to engage in more effective monitoring of Libyan human rights developments. The International Committee for the Red Cross (ICRC) did undertake efforts to monitor conditions of detention facilities.