Showing posts with label HRW. Show all posts
Showing posts with label HRW. Show all posts

4/28/2020

'Buy a mask or food?': South Asia's poor face stark choice

A man breaks his Ramadan fast at a closed market during the coronavirus lockdown in Karachi, Pakistan [Akhtar Soomro/Reuters]

Source: Aljazeera
April 28 2020

Masks are mandatory in most public places in India, Pakistan and Sri Lanka and advised by Afghanistan and Bangladesh.

Buy a mask and let his family go hungry, or buy food and go out into the crowded city without one - that is the stark choice facing Hayatullah Khan, an Afghan labourer whose daily earnings have fallen below $1.50 during the coronavirus pandemic.

Like many poor South Asians, Khan has no choice but to leave the house for work.

But even without the hit to his earnings from the coronavirus pandemic, he would have struggled to afford the mask authorities tell him he should wear.

"I have earned less than 100 afghani ($1.32) today. What am I going to do?" Khan told the Reuters news agency in the Afghan capital Kabul. "Should I buy a mask or food for my family?"

Afghan workers sit as most shops in Kabul are closed due to the coronavirus outbreak [Mohammad Ismail/Reuters]

New form of inequality

Wearing a mask in public is now compulsory in most places in India, Pakistan and Sri Lanka and advised by Afghanistan and Bangladesh, resulting in soaring demand and prices.

With a basic disposable mask now costing up to $7 in some places, that has created a new form of inequality in cities where hundreds of millions live in cramped, unhygienic conditions.

Meenakshi Ganguly, South Asia director for Human Rights Watch, said coronavirus lockdown measures had disproportionately hurt marginalised communities.

"Certainly, the coronavirus itself does not distinguish between prince or pauper, race or religion," said Ganguly.

"But how it impacts individuals differs vastly depending on their access to food, shelter, health and other basic needs."

In India, business tycoon Anand Mahindra had to backtrack after tweeting an image of a woman and small child wearing leaves as makeshift masks with the words, "a reminder that nature provides us with all that we need".

He deleted the tweet saying it was "insensitive to the inequity of the situation" after others pointed out there was no evidence leaves provided protection from the virus.

In Sri Lanka, authorities have capped prices at 15 rupees (eight cents) for a disposable surgical-style mask, and 150 rupees for the closer-fitting ones sometimes called respirators.

Yet locals said it was difficult to find either at those prices, with pharmacies marking up costs.

"Earlier we bought surgical masks for 15 rupees, but now they are not available at that price, and some sell the same masks at 75 rupees," said Hashan, who lives in a slum in the capital Colombo.

"So most of the people in our area are wearing homemade masks now," he said, declining to give his full name as he was outside during the lockdown.

South Asia has been less hard-hit by the virus than many other parts of the world, with confirmed coronavirus deaths in India - a country of 1.3 billion - still below the 1,000 mark.

But Nipuna Kumbalathara, a spokesman for Oxfam in Asia, said cases like Hashan's highlighted the need for greater public investment.

"Clearly people who are struggling to put meals on their tables can't pay for their safety kits, testing or care," he said by email, urging governments to provide protective gear to poor and vulnerable people.

A homeless man and his son protecting themselves from the rain with a plastic sheet as they walk to a shelter in Kolkata during a nationwide lockdown [Rupak De Chowdhuri/Reuters]

DIY masks

The World Health Organization says masks only need to be worn by those who are sick and showing symptoms, and those caring for people suspected to have the disease.

Although many governments are mandating the use of masks to curb the spread of the virus as they relax lockdown measures, others have urged the public not to buy them while there are shortages to ensure adequate supplies for healthcare workers.

In India, the government has released a manual for DIY face-coverings, including ones using rubber bands.

Many South Asians have found stopgap ways to cover their faces - from the loose end of sarees and scarves to handkerchiefs and towels - used before the outbreak to block out the sun, dust and pollution.

Meanwhile, police teams, charities and women's self-help groups have been making millions of washable masks that they give to poor and rural communities free or at a low cost.

Saral Design Solutions, a Mumbai-based start-up that makes low-cost sanitary pads, has switched to manufacturing up to 70 three-ply disposable surgical masks a minute for less than 6 cents each.

But these are the exception - most have no choice but to pay over the odds for poor-quality masks that they are only rarely able to wash.

"I have been using this one for many days now," said autorickshaw driver Gul Pacha Pacha in Kabul, pointing to a dirty, worn disposable mask as middle-class Afghan men wearing gloves and proper face-coverings walked by.

"It is difficult to breathe with it on, so I only wear it when I have passengers."


11/06/2015

HRW: No answers for Kurdish victims in Turkey

Relatives of the Kurdish victims killed or forcibly disappeared by Turkish state agents in Cizre in the 1990s protest the court decision to acquit members of the security forces and village guards on murder charges. Eskişehir, November 5, 2015. Photo: Human Rights Watch

Πηγή: Ekurd Daily
6 Nov 2015

ESKISEHIR, Turkey,— The acquittal of all defendants in Turkey’s first prosecution for the killings and disappearances of 21 Kurds in the early 1990s leaves the victims of serious abuses by state actors without justice, Human Rights Watch said Thursday.

The acquittals come after six years of repeated questionable interruptions in the trial. After the original prosecutor, who reviewed all the evidence, called for the conviction of five of eight defendants in the initial trial, the court trying the case was abolished and the case was twice transferred to different courts. The new prosecutor called for all charges to be dropped without hearing a single witness, raising questions about whether the recommendation was a result of political interferences.

“The essential collapse of the prosecution is a shocking testimony to the utter failure of Turkey’s justice system to deliver justice to the victims of the egregious abuses by the military and state forces against Kurds in the 1990s,” said Emma Sinclair-Webb, senior Turkey researcher at Human Rights Watch. “The hopes for justice of the relatives of those who died or disappeared have once again been dashed.”

The multiple irregularities that marred the trial raise serious concerns and discredit the proceedings as an effective remedy for the victims, Human Rights Watch said. Turkey has binding legal obligations to provide the victims their right to an effective remedy under international human rights law.

The case was among the first against a senior member of the security forces for the murder and enforced disappearances of Kurds in the 1990s. The crimes have been well-documented by human rights groups and in the decisions of the European Court of Human Rights.

The Eskişehir Heavy Penal Court No. 2 acquitted all eight defendants. The original trial in Diyarbakırhad 48 sessions in which multiple witnesses testified and other evidence was introduced. The defendants had been indicted on multiple counts of killing or disappearing 19 Kurdish men and boys who were identified, and a man and a woman whose identities have not been established, after arresting or abducting them.

The crimes took place in the town of Cizre and surrounding villages in Şırnak province, southeastern Turkey between 1993 and 1995. The trial began 14 years later. The defendants were charged under the previous Turkish Penal Code (law no. 765) with forming a criminal gang (article 313) and each with several counts of murder, or with ordering murder (article 450).

The main defendant was retired Col. Cemal Temizöz, the gendarmerie commander in Cizre during that period, who bore command responsibility for those under his command at the time. The other defendants were a retired sergeant who served under Temizöz’s command, three former members of the armed Kurdistan Workers Party (PKK) turned informers for the military, and three former members of the village guard state paramilitary.

The trial began in September 2009 in the Diyarbakır Heavy Penal Court No. 6. In January 2014, the prosecutor, citing witness testimony and other evidence, asked the court to convict five defendants on various counts of murder and to acquit the three village guards.

However, in February 2014, the specially authorized heavy penal courts were abolished, so the Diyarbakır court lost its jurisdiction over the case and was unable to issue a verdict. The case was transferred to the Şırnak courts and then by a decision of the Court of Cassation, citing security concerns, to the Eskişehir Heavy Penal Court No. 2, in western Turkey.

At the second hearing there, on June 18, 2015, the Eskişehir public prosecutor called for the acquittal of all defendants without hearing a single witness.

On June 26, the pro-government Sabah newspaper reported an investigation into five prosecutors responsible for the original investigation of Temizöz, including the prosecutor who prepared the indictment, and the former chief judge of the Diyarbakır court that heard the case.

The news report said they were being investigated for an alleged conspiracy against Temizöz, contending that they were part of the Fethullah Gülen movement and were seeking revenge against Temizöz. The investigation is linked to a wider government clampdown on the movement led by the US-based Muslim cleric, a former ally-turned-critic of President Recep Tayyip Erdogan. There are ongoing prosecutions of supporters of the group and of Gülen himself on the charges of forming a terrorist organization and an attempted coup the government accuses them of, although there is no known evidence of the movement’s involvement in violent activities.

Since May 2015, senior members of the military in Turkey have been acquitted in three other trials. They included the trial of a lieutenant colonel and colonel for the 1995 enforced disappearance of a villager in Hakkari, of a general for the killing or disappearance of 13 villagers in Mardin between 1992 and 1994, and of a retired general for the 1993 disappearance of 6 residents of a Şırnak village.

“In all four cases concluded this year, courts have cleared state actors of any responsibility for killing civilians without explaining why compelling evidence presented in court was dismissed or insufficient,” Sinclair-Webb said. “Claims that this trial is part of a Gülenist conspiracy shouldn’t obscure the fact that all the evidence indicates that members of the security forces and paramilitaries killed the victims, whose families are still awaiting justice.”

Witness Testimony

Human Rights Watch representatives attended many of the trial hearings, during which relatives of the victims repeatedly expressed their desire to see justice in court and to see Turkey acknowledge the grim legacy of past abuses. The testimony indicated there had been a pattern of security forces or their agents arresting people from and around Cizre.

Examples included the following:

Harun Padır told the Diyarbakır court on March 5, 2010, that in 1994 he, his uncle, and his father had been detained in their village and taken to the gendarmerie command in Cizre where Temizöz was the commander. Padır was released, but his father and uncle were never seen again.

Nurettin Elçi told the Diyarbakır court on July 9, 2010, that he saw men with walkie-talkies enter his brother Ramazan Elçi’s shop in 1994 and take him away in a white Renault. Days later Nurettin Elçi heard that Ramazan’s body had been found and identified it as it was about to be buried in an unmarked grave in the Cizre cemetery. He identified one of the defendants as among those who detained his brother.

Arafat Aydın told the Diyarbakır court on July 9, 2010, that he was detained and then tortured along with his cousin Mustafa Aydın and Mehmet İlbasan, and that he had been released but that they were killed. Aydın identified the unit under Temizöz’s command as the one that detained and tortured them and that it included some of the defendants and village guards.

Mehmet Selim Uykur, on September 16, 2011, and İsmet Uykur, on October 9, 2009, told the Diyarbakir court that they had witnessed two of the defendants shoot dead İsmet Uykur’s father, Ramazan Uykur, in broad daylight in the street in Cizre in February 1994.

Şevkiye Arslan told the Diyarbakır court on December 4, 2009, that she saw her husband, İhsan Arslan, abducted in the street by two of the defendants in 1993. She described repeated efforts she and other members of her family made to get Arslan released and alleged that the defendants repeatedly threatened her to stop seeking information about her husband, whom she never saw again.

In 2012, Human Rights Watch released a report on the trial and on the importance of ending impunity for the killings and disappearances of Kurds in the 1990s.


6/29/2013

Libya’s Disaster of Justice: The Case of Saif al-Islam Gaddafi Reveals a Country in Chaos

In this Saturday, Nov. 19, 2011 file photo, Seif al-Islam, the son of Libya's slaid dictator Moammar Gadhafi, is seen after his capture in the custody of revolutionary fighters in Zintan, Libya.

Πηγή: Time
By Vivienne Wal
June 28 2013

When NATO launched its bombing campaign in 2011 against Muammar Gaddafi’s forces in Libya, the Western and Arab leaders who pushed for military intervention vowed to bring to justice the men who had conducted wartime atrocities against civilians—the main motivation for the military intervention in the first place. Yet two years on, as the legal battle over how to try the worst offenders of the Gaddafi regime drags on, some fear that the effort might have damaged the reputation of the International Criminal Court (ICC), potentially impacting its ability to pursue cases elsewhere. “It is hurting it,” John Jones, Saif’s British lawyer, told TIME this week from London. “It makes the ICC look spineless and toothless.”

For months, prosecutors at the ICC in The Hague have fought a bitter battle to have Libyan officials transfer two high-profile defendants to the Hague, where they are wanted on war crimes: Gaddafi’s once hugely powerful son Saif al-Islam, and Gaddafi’s former intelligence chief Abdullah al-Senoussi. The ICC indicted both men (as well as the slain Gaddafi) back in May 2011, at the height of NATO’s bombing campaign, on charges that they ordered security forces to shoot unarmed protesters during the first two weeks of the uprising, before the opposition took up arms. ICC jurists argue that since the U.N. Security Council had ordered the ICC investigation in the first place, each U.N. member (Libya included) is duty-bound to abide by the arrest warrant, and ship the two to The Hague for trial. Yet despite that, neither man seems like to appear in the Dutch city any time soon, and if Libya’s new government has its way, they never will.

The latest round in the legal tug of war came on June 24, when Libya’s government lodged a final appeal to the ICC, arguing in a 98-page document that they were capable of putting the two men on trial in Libya—trials that almost all Libyans fervently want to see on their home turf. On May 31, ICC prosecutors ruled that Libya was incapable of arranging fair trials for Saif and Senoussi, saying that they were “not persuaded that the Libyan authorities have the capacity to obtain the necessary testimony.” Libyan officials said they intended trying both men in Libya in August.

The most intensely fought battle is over the custody of Saif. At 40, Gaddafi’s Western-educated son is by far the highest-profile family member left alive, and the only one who remained in Libya after his father’s 42-year dictatorship collapsed. Since militia fighters from Zintan cornered him in Libya’s southern desert in November 2011 and flew him home as the ultimate war trophy, he has languished in custody in that city, about 110 miles southwest of the capital Tripoli. That puts him out of reach of Libya’s central government, and even further out of reach from the ICC. When the ICC sent a court-appointed defense lawyer, Melinda Taylor, to visit Saif a year ago, the militia arrested her midway through her meeting with him, and held her for nearly a month, on suspicion of conspiring against the state; Saif has not seen a defense lawyer since. Senoussi has also not seen a lawyer since being jailed nine months ago, according to Human Rights Watch, which visited him in prison in Tripoli in April. In April, the Gaddafi siblings who survived the war and are now mostly exiled in Oman, hired Jones, a London lawyer, to represent their brother. But Jones says that task is all but impossible at the moment, since he fears he too will be arrested if he travels to Zintan to meet his client. “There is no way to visit him in Libya,” he told TIME. “It is chaos on the ground.”

Indeed, nearly two years after the Gaddafis fled Tripoli, the country is racked by spiraling violence and in some parts an all-out insurgency. The government in Tripoli has only a tenuous hold over huge swaths of the country, where armed brigades impose their own law and order, wage battle against challengers, and imprison hundreds of suspected Gaddafi loyalists and other foes. Just in recent days, armed groups assassinated a military intelligence colonel in Benghazi, exploded three car bombs in Sebha, and fought pitched battles in the Tripoli neighborhood of Abu Selim. Armed groups earlier this month assassinated a high-level judge in the eastern city of Derna, and in Tripoli, laid siege to government ministries and to the Petroleum Facilities Guard, which is charged with securing Libya’s crucial oil fields. “We have been told by the government officials that they will rein in the brigades,” Sadat Elbadri, who heads the Tripoli Local Council, told the Libya Herald on Thursday. “I hope it is done this time.”

It will not be easy, as the wrangle over Saif’s custody shows. Since 2011, officials in Tripoli have sworn (including in interviews with TIME) that they were about to take custody of Saif, even constructing a special holding facility for him in the capital. Yet the transfer has not occurred, since the Zintan militia is loath to surrender him. That was one of the major reasons why the ICC last month ruled that Libya could not try Saif in the country.

Rather than admit that they cannot force Zintan’s militia to hand over Saif, Libyan officials argued on Monday that it did not matter that Saif was in Zintan—apparently concluding that the government was unlikely to ever win his transfer to Tripoli. “There is no legal impediment to his trial being conducted in Zintan should the Libyan authorities decide to pursue this route,” the government said in its appeal in the Hague. Senoussi is detained in Tripoli after being arrested on the run in Mauritania and extradited home last September.

In reality, ICC officials are left with little power to fight Libya’s plans, since they have few practical means to enforce their ruling. And with no sign of Libya bending to the international court, Jones fears that Libya intends to rush through trials. “They just want a show trial, to execute him and be done with it,” he says of the government’s plan to put Saif on trial in August. “It shows complete disregard for the ICC. Libya is obliged to deliver him to the Hague.”

But the Libyans’ legal tussle with the Hague could have an effect far beyond the Mediterranean. Libyan officials are not alone in shrugging off the ICC. In Kenya, Uhuru Kenyatta won the presidential elections last March, despite the fact that the ICC had indicted him two years earlier for helping to organize murder and “rape and other forms of sexual violence” of political opponents during the brutal crackdown after the 2007 elections, according to the indictment. In fact, the charges against Kenyatta have limited his role internationally, but only by a little. Prime Minister David Cameron made sure he did not meet with him last month during Kenyatta’s visit to London, where he attended a conference on Somalia, and President Obama sidestepped Kenya, his father’s homeland, on his trip to Africa this week. Even so, he met Foreign Secretary William Hague in London, and hardly seems afraid of being arrested; this week he flew to Uganda for a three-day state visit.

As a measure of how difficult it might be for the ICC to put Kenyatta on trial, now that he is president, the court postponed their prosecution from July to November, while they consider how to transfer a sitting head of state to the Hague. Prosecutors could find it especially difficult calling witnesses to testify against him. “It’s one thing to give evidence against a politician, and another thing to give evidence against the president of your country,” the UN’s Special Rapporteur on the Rights and Freedom of Peaceful Assembly Maina Kiai, who is a Kenyan, said in a U.S. radio interview last month. “There is a rational fear.”

The ICC has had no better luck with their charges against Sudan’s President Omar Bashir, whom they indicted in 2008 for genocide in the Darfur War. Five years on, the ICC has failed to persuade African countries to help in transferring Bashir to the Dutch capital for trial. And in fact, some African countries have made it clear that they don’t intend to cooperate. The Sudanese leader has traveled to Chad four times, seemingly unconcerned despite the fact that Chadian officials are legally obligated to arrest him on arrival, since that country is a signatory to the 2002 international treaty that established the ICC. When Bashir flew to Chad last month, Amnesty International pleaded for his arrest. Their words fell on deaf ears.

But it’s the charges against Libya’s ousted officials that could truly test the ICC, by underscoring the major shortcoming of its indictments and its inability to stand down resistance from governments. For Libyans, Saif’s trial is the ultimate test, too, of the government’s ability to rule, and to deliver one concrete sign of their victory over the Gaddafis. Libyan Prime Minister Ali Zeidan insisted earlier this month that Saif and Senoussi would “receive a fair trial.” Just not in The Hague.


10/17/2012

Group: Libya militias 'executed' Gadhafi loyalists

In this file image made from amateur video provided by the Libya Youth Movement and filmed on Thursday, Oct. 20, 2011, Moammar Gadhafi, center, is surrounded by Libyan fighters in Sirte, Libya. Libyan rebels appear to have "summarily executed" scores of fighters loyal to Moammar Gadhafi, and probably the dictator himself, when they overran his hometown a year ago, a human rights group said Wednesday Oct. 17, 2012. 
Πηγή: Huston Chronicle
By MAGGIE MICHAEL (AP)
Oct 17 2012

CAIRO — Libyan rebels appear to have "summarily executed" scores of fighters loyal to Moammar Gadhafi, and probably the dictator himself, when they overran his hometown a year ago, a human rights group said Wednesday.

The report by Human Rights Watch on alleged rebel abuses that followed the October 2011 capture of the city of Sirte in the final major battle of the eight-month civil war is one of the most detailed descriptions of what the group says were war crimes committed by the militias that toppled Gadhafi, and which still play a major role in Libyan politics today.

The 50-page report, titled "Death of a Dictator: Bloody Vengeance in Sirte," details the last hours of Gadhafi's life on Oct. 20, 2011, when he tried to flee the besieged city. The longtime leader's convoy was struck by NATO aircraft as it tried to escape and the survivors were attacked by militias from the city of Misrata, who captured and disarmed the dictator and his entourage.

Misrata was subjected to a brutal weeks-long siege by Gadhafi's forces that killed hundreds of residents, and fighters from the city became among the regime's most implacable foes. HRW says it seems the Misratans took revenge against their prisoners in Sirte.

"The evidence suggests that opposition militias summarily executed at least 66 captured members of Gadhafi's convoy in Sirte," said Peter Bouckaert, emergencies director at Human Rights Watch.

The New York-based group's report says that new evidence unearthed in its investigation includes a mobile phone video clip taken by militiamen showing a large number of prisoners from Gadhafi's convoy being cursed and abused by rebels.

The remains of least 17 of the detainees in the phone video were later identified in a group of 66 bodies found at Sirte's Mahari hotel, some still with their hands tied behind their back. Human Rights Watch said it used hospital morgue photos to confirm the victims' identities.

The dictator himself was seen alive in a widely-circulated video made public shortly after the battle.

"Video footage shows that Moammar Gadhafi was captured alive but bleeding heavily from a head wound," the HRW report says. But footage showed that he was "severely beaten by opposition forces, stabbed with bayonet in his buttocks, causing more injuries, and bleeding. By the time he is filmed being loaded into an ambulance half-naked, he appears lifeless."

Bouckaert said the group's "findings call into question the assertion by Libyan authorities that Moammar Gadhafi was killed in crossfire and not after his capture."

Gadhafi's son Muatassim was also videotaped alive and in captivity, only to have his body turn up at a morgue in Misrata alongside his father's.

"In case after case we investigated, the individuals had been videotaped alive by the opposition fighters who held them and then found dead hours later," Bouckaert said. "Our strongest evidence for these executions comes from the footage filmed by the opposition forces and the physical evidence at the Mahari hotel where the 66 bodies were found."

Another victim cited by HRW as an example was 29-year-old Ahmed al-Gharyani, a navy recruit from the town of Tawergha. He was seen alive in the phone video as rebels beat him. His body was later found in the hotel and eventually identified by his family.

His hometown, Tawergha, was used as a staging ground by Gadhafi's forces to launch attacks on Misrata, but after rebels broke the siege on Misrata and overran Tawergha, the town's residents fled or were driven out by vengeful rebels.

Suleiman al-Fortia, a member of the dissolved National Transitional Council from Misrata, denied that Gadhafi or his loyalists were executed. "We hoped to arrest Gadhafi alive (to try him). All the killings took place in a crossfire," he said.

But HRW said that "under the laws of war, the killing of captured combatants is a war crime, and Libyan civilian and military authorities have an obligation to investigate war crimes and other violations of international humanitarian law."

The group released its report days before Libya celebrates "liberation day," the anniversary of Sirte's fall on Oct. 23. Since then, the country's new leaders have heavily depended on former rebel militias to secure cities and protect borders in the absence of a strong national army or other government security forces.

Calls for militias to be brought under the control of the defense or interior ministries have met resistance from some fighters.

Meanwhile, some groups have been implicated in revenge attacks and communal strife, while members of one Islamist militia have been accused of taking part in the attack on the U.S. Consulate in the eastern city Benghazi on Sept. 11 that killed four Americans, including U.S. Ambassador to Libya Chris Stevens.

In the aftermath of Stevens' death, popular resentment surged and thousands took to the streets of Benghazi demanding the dismantlement of the militias. The government has taken over some militia headquarters and appointed military officers to run the groups, and designated some "outlawed" and others "tolerated."



9/06/2012

Libyan Alleges Waterboarding by C.I.A., Report Says

A member of the Libyan Islamic Fighters Group in Tripoli in 2011. Members were detained in Afghanistan and sent back.

Πηγή: New York Times
By CHARLIE SAVAGE and SCOTT SHANE
Sept 6 2012

WASHINGTON — Days after the Justice Department closed out its criminal investigation of the deaths of two detainees while in the custody of the C.I.A., new information has surfaced calling into question official accounts of the extent of waterboarding by American interrogators.

A new report by the nonprofit group Human Rights Watch, based on documents and interviews in Libya after the fall of its dictator, Col. Muammar el-Qaddafi, includes a detailed description of what appears to be a previously unknown instance of waterboarding by the C.I.A. in Afghanistan nine years ago.

That claim clashes with repeated assertions by current and former agency officials that only three high-level terrorism suspects — none of them Libyans — were waterboarded.

The account documented by Human Rights Watch could not be independently corroborated. But the report’s description of interrogation methods, based on individual interviews with former prisoners who had not sought out the human rights workers, match up with official documents on C.I.A. techniques. It underscores how much is still not known about the United States’ treatment of terrorist suspects during the early years of the Bush administration.

When President Obama took office in 2009, members of Congress and human rights advocates called for a “truth commission” to establish a definitive account of interrogation and detention. But the calls faded after Mr. Obama said he wanted to look forward and not backward.

Last week, Attorney General Eric H. Holder Jr. announced that a three-year criminal investigation of the C.I.A. interrogation program was concluding without any charges being filed. The only remaining inquiry into the program, by the Senate Intelligence Committee, is nearing completion, but its report is classified and it is unclear how much will become public.

The investigation by Human Rights Watch had its origins in a trove of documents related to detainees transferred to Colonel Qaddafi’s prisons, including several by the United States. The papers became available last year as a result of the uprising against the Libyan leader, which was supported by the United States and other NATO allies.

Researchers used the names on the files as part of their broader efforts to track down former prisoners transferred to Libyan custody and interview them, opening an unusual window into American detention, interrogation and rendition operations nearly a decade ago. Many of the former detainees are now living freely in Libya, and some are active in politics or have positions in the new government.

The 156-page report, “Delivered Into Enemy Hands: U.S.-led Abuse and Rendition of Opponents to Gaddafi’s Libya,” written by Laura Pitter, recounts interviews with 14 Libyans who it says are former detainees who were sent back to Libya around 2004, after Colonel Qaddafi agreed to renounce his nuclear ambitions and help fight Islamist terrorism. At least five, Ms. Pitter writes, had been held by the C.I.A. in Afghanistan before their rendition.

Most of the former detainees were members of the Libyan Islamic Fighters Group, who were dedicated to the overthrow of the Qaddafi government. Many had gone to Afghanistan before the terrorist attacks of Sept. 11, 2001, and some had come into contact with Al Qaeda. In December 2004, the State Department designated the Libyan group a terrorist organization, but the former detainees denied being allied with Al Qaeda against the Western nations that had largely considered Colonel Qaddafi a pariah.

A particular focus of the report is the account of Mohammed Shoroeiya, who was reportedly detained in Pakistan in April 2003 and held in American custody in Afghanistan before being transferred to Libya. Mr. Shoroeiya gave Ms. Pitter detailed sketches of what he said were prison facilities and techniques.

Mr. Shoroeiya told Human Rights Watch that at one point in Afghanistan, his American captors had put a hood on his head and strapped him to a wooden board, then poured water over his face until he felt as if he was asphyxiating. An American man who appeared to be a doctor was present during the sessions, he said. While he did not use the term “waterboarding,” the description matches that technique.

“They start to pour water to the point where you feel like you are suffocating,” Mr. Shoroeiya said. He was asked questions between sessions, he added, and “they wouldn’t stop until they got some kind of answer from me.”

C.I.A. officials have publicly stated that waterboarding was used only on three prisoners: Abu Zubaydah, who helped run a terrorist training camp; Abd al-Rahim al-Nashiri, accused of plotting the bombing of the American destroyer Cole in Yemen in 2000; and Khalid Shaikh Mohammed, the organizer of the Sept. 11 attacks.

Ms. Pitter said Mr. Shoroeiya first mentioned a board being used in water torture in 2009 to a Human Rights Watch researcher who spoke with him in a Libyan prison. She said she tracked him down this year hoping to learn more about his treatment in Libya. “All these guys are grateful for the intervention,” she said, referring to the NATO assistance to Libyan rebels. “But they just feel like somebody needs to acknowledge that this happened to them and that it was wrong.”

Asked about the reported fourth case of waterboarding, a C.I.A. spokeswoman, Jennifer Youngblood, said, “The agency has been on the record that there are three substantiated cases in which detainees were subjected to the waterboarding technique under the program.” She said she could not comment on the “specific allegations” in the Human Rights Watch report but noted that the Justice Department had reviewed the treatment of more than 100 detainees held by the agency and “declined prosecution in every case.”

Justice Department officials have declined to discuss which cases they examined or why charges were not brought, referring in general terms to problems with evidence, statutes of limitations and jurisdiction. But it is possible that the treatment of the Libyans, which has not been previously reported, was not part of the investigation.

Mr. Shoroeiya and another detainee imprisoned in Pakistan and held by the Americans in Afghanistan, Khalid al-Sharif, reported other mistreatment, too.

They described being stripped naked and chained to walls; being left in diapers in dark cells for weeks or months at a time without being allowed to bathe; being forced into painful stress positions; being slammed into walls while their necks were protected by a foam collar; being forced into a small box; and being subjected to continuous, loud music.

Many of those techniques match the descriptions of techniques that the Bush administration approved as lawful, despite anti-torture laws. The techniques have been discussed for years and were detailed in Justice Department memorandums that were declassified in 2009.

Several details were new, however. Mr. Shoroeiya said the board to which he was strapped for the suffocation sessions could also be spun around, disorienting him. Mr. Shoroeiya also described being forced to stand, with one leg broken, naked and without food for over a day in a tall, narrow box while music blared from speakers on either side of his head. And both he and Mr. Sharif said interrogators forced them to lie in icy water in a sort of tub improvised from a tarp, with more water poured over their faces.



5/19/2012

HRW Calls on NATO to Investigate all Potentially Unlawful Attacks in Libya



Πηγή: Tripoli Post
May 18 2012

Human Rights Watch (HRW) said on Monday 14 May that the North Atlantic Treaty Organization (NATO) has failed to acknowledge dozens of civilian casualties from air strikes during its 2011 Libya campaign, and has not investigated possible unlawful attacks.

It called on NATO to investigate all potentially unlawful attacks and said NATO should also address civilian casualties from its air strikes in Libya at the NATO heads of state summit, taking place in Chicago on May 20 and 21, HRW said.




The 76-page report, “Unacknowledged Deaths: Civilian Casualties in NATO’s Air Campaign in Libya,” examines in detail eight NATO air strikes in Libya that resulted in 72 civilian deaths, including 20 women and 24 children. It is based on one or more field investigations to each of the bombing sites during and after the conflict, including interviews with witnesses and local residents.

In response to the report, a statement released by NATO said NATO struck only “legitimate military targets” during its 2011 operation in Libya.

However, NATO acknowledged that its air campaign resulted in civilian casualties, but strenuously denied striking sites not related to Libyan military forces.

“NATO took important steps to minimize civilian casualties during the Libya campaign, but information and investigations are needed to explain why 72 civilians died,” said Fred Abrahams, special adviser at Human Rights Watch and principal author of the report.

“We have reviewed all the information we hold as an organization and confirmed that the specific targets struck by NATO were legitimate military targets,” the NATO statement read.

But Fred Abrahams added, “Attacks are allowed only on military targets, and serious questions remain in some incidents about what exactly NATO forces were striking.”

The statement by NATO said it “did everything possible to minimize risks to civilians, but in a complex military campaign, that risk can never be zero. We deeply regret any instance of civilian casualties for which NATO may have been responsible.”

NATO’s military campaign in Libya, from March to October 2011, was mandated by the United Nations Security Council to protect civilians from attacks by security forces of former dictator Muammar Gaddafi.

The absence of a clear military target at seven of the eight sites HRW visited raises concerns of possible laws-of-war violations that should be investigated.

HRW called on NATO to investigate all potentially unlawful attacks and to report its findings to the UN Security Council, which authorized the military intervention in Libya.

The HRW report is the most extensive examination to date of civilian casualties caused by NATO’s air campaign. It looks at all sites known to HRW in which NATO strikes killed civilians. Strikes that resulted in no civilian fatalities – though civilians were wounded or property destroyed – were not included.

The most serious incident occurred in the village of Majer, 160 kilometers east of Tripoli, the capital, on August 8, 2011, when NATO air strikes on two family compounds killed 34 civilians and wounded more than 30, HRW said. Dozens of displaced people were staying in one of the compounds.

A second strike outside one of the compounds killed and wounded civilians who witnesses said were searching for victims. The infrared system used by the bomb deployed should have indicated to the pilot the presence of many people on the ground. If the pilot was unable to determine that those people were combatants, then the strike should have been canceled or diverted.

Under the laws of war, parties to a conflict may only direct attacks at military targets and must take all feasible precautions to minimize harm to civilians. While civilian casualties do not necessarily mean there has been a violation of the laws of war, governments are obligated to investigate allegations of serious violations and compensate victims of unlawful attacks.

Human Rights Watch said NATO should also consider a program to provide payments to civilian victims of NATO attacks without regard to wrongdoing, as NATO has done in Afghanistan.

At seven sites documented in the report, HRW uncovered no – or only possible – indication that Libyan military forces, weapons, hardware, or communications equipment had been present at the time of the attack. The circumstances raise serious questions about whether the buildings struck – all residential – were valid military targets. At the eighth site, at which three women and four children died, the target may have been a Libyan military officer.

NATO officials told Human Rights Watch that all of its targets were military objectives, and thus legitimate targets. But it has not provided specific information to support those claims, mostly saying a targeted site was a “command and control node” or “military staging ground.”

NATO said the Majer compounds were a “staging base and military accommodation” for Gaddafi forces, but it has not provided specific information to support that claim. During four visits to Majer, including one the day after the attack, the only possible evidence of a military presence found by HRW was a single military-style shirt – common clothing for many Libyans – in the rubble of one of the three destroyed houses, HRW said in its statement.

Family members and neighbors in Majer independently said there had been no military personnel or activity at the compounds before or at the time of the attack.

“I’m wondering why they did this; why just our houses?” said Muammar al-Jarud, who lost his mother, sister, wife, and 8-month-old daughter. “We’d accept it if we had tanks or military vehicles around, but we were completely civilians, and you can’t just hit civilians.”

To research the eight incidents, HRW visited the sites, in some cases multiple times, inspected weapons debris, interviewed witnesses, examined medical reports and death certificates, reviewed satellite imagery, and collected photographs of the wounded and dead. Detailed questions were submitted to NATO and its member states that participated in the campaign, including in an August 2011 meeting with senior NATO officials involved in targeting.

NATO derived its mandate from UN Security Council Resolution 1973, which authorized the use of force to protect civilians in Libya. The relatively few civilian casualties during the seven-month campaign attests to the care NATO took in minimizing civilian harm, Human Rights Watch said.

NATO asserts that it cannot conduct post-operation investigations into civilian casualties in Libya because it has no mandate to operate on the ground. But NATO has not requested permission from Libya’s transitional government to look into the incidents of civilian deaths and should promptly do so, HRW said.

“The overall care NATO took in the campaign is undermined by its refusal to examine the dozens of civilian deaths,” Abrahams said. “This is needed to provide compensation for victims of wrongful attacks, and to learn from mistakes and minimize civilian casualties in future wars.”



4/08/2012

ICC could try Misrata leaders for Libya crimes: HRW


People make their way to the courthouse as they call for the National Transitional Council (NTC) to activate the judiciary, in Benghazi April 6, 2012. The march was made up of traffic police, police officers and members of the National Army. The words on the flag read, "Glory to the Martyrs, Libyan army". 


Πηγή: The Daily Star
April 8 2012

TRIPOLI: Libyan leaders in Misrata could be held legally accountable by the International Criminal Court for crimes committed by militias under their command, Human Rights Watch warned on Sunday.

"The leaders of the Libyan city of Misrata could be held criminally responsible for ongoing serious crimes by forces under their command," the watchdog said in an open letter to the city's military and civilian leaders.

The International Criminal Court could bring local leaders into account for ongoing torture and abuse in jails and around Misrata as well as the forced displacement of people from the nearby town of Tawargha it said.

"The city's leaders can be held legally responsible for those acts by the ICC," the rights group said, adding that the ongoing abuse is so widespread and systematic that it could amount to crimes against humanity.

Misrata in February became the first city to elect a local council after the 2011 conflict that toppled the regime of slain leader Moamer Kadhafi. Its military council, forged last year, wields influence beyond the coastal city.

"Our letter to Misrata authorities is a wake-up call," said Sarah Leah Whitson, Middle East director at Human Rights Watch.



2/06/2012

41 in court at first Libya trial of Gaddafi loyalists


Πηγή: Kashmir Times
Feb 6 2012

Libya put 41 loyalists of dead dictator Muammar Gaddafi on trial, in the first legal proceedings launched against members of the former regime which was ousted after a bloody conflict.

The accused, mostly civilians, appeared in a military court in the eastern city of Benghazi, the birthplace of the uprising against Gaddafi which ended on October 20 with his killing in his home town of Sirte. 

Their trial comes as human rights groups have raised concerns over Libya's judicial system and also accused former rebels of 'torturing' Gaddafi loyalists in custody. 

'It is the first trial concerning the February 17 revolution,' judge Colonel Ali Al Hamida said at the start of the proceedings, referring to the day when the anti-Gaddafi conflict erupted last year in Benghazi. 

The 41, all men, are accused of supporting the Gaddafi regime in its attempts to crush the popular revolt, as well as helping prisoners to escape and setting up 'criminal gangs.' 

An AFP correspondent attending the proceedings said the first session of the trial was held under tight security.

The 15-lawyer defence team for the accused contested the proceedings, saying most of the accused are civilians but are being prosecuted in a military court. 

The trial was later adjourned to February 15.The New-York based Human Rights Watch, in its World Report 2012, has raised concerns over Libya's judicial system. 

'Libya's interim government and its international supporters should make it an urgent priority to build a functioning justice system and begin legal reform that protects human rights after Muammar Gaddafi,' the group said in the report. 

HRW and two other human rights groups, Amnesty International and Doctors Without Borders, have also accused former rebels who helped topple Gaddafi's 42-year-old rule of 'torturing' their prisoners, mainly ex-regime loyalists. 

On Friday, HRW noted that a former ambassador to France, Omar Brebesh, died of possible 'torture' in the custody of a militia less than 24 hours after his detention in Tripoli. 

Amnesty International and Doctors without Borders have also charged that the militias use 'widespread torture' against their prisoners in cities such as Tripoli, Misrata and smaller towns like Ghariyan.

Doctors Without Borders even suspended its work in Misrata over allegations of torture in prisons there.

Libyan officials insist that the country's judiciary is 'competent' to handle the legal cases of former regime members, including putting on trial Gaddafi's most prominent son, Seif Al Islam. Seif, 39, who was arrested on November 19, is in the custody of the military council of Zintan, a town 180 kilometres (110 miles), southwest of Tripoli. 

He is wanted by the International Criminal Court on charges of crimes against humanity allegedly committed during the conflict.


1/08/2012

Rights groups urge Tunisia not to extradite former Libya PM


Al-Baghdadi Ali al-Mahmoudi, Libya ex PM was jailed for 6 months in Tunisia on Sept 23, for illegally entering the Tunisian territory,.

Πηγή: Jurist
Jan 7 2012

The Tunisian League for the Defense of Human Rights, Amnesty International,Human Rights Watch (HRW) [advocacy websites] and 12 other human rights groups issued a statement on Friday urging the government of Tunisia not to extradite former Libyan prime minister Al-Baghdadi Ali al-Mahmoudi [BBC backgrounder; JURIST news archive], warning that he would be "at a real risk for torture" if he is returned to Libya. The statement [AP report] urges Tunisian President Moncef Marzouki [official website, in Arabic] to seek guarantees from the Libyan government that al-Mahmoudi will be kept safe and will receive a fair trial, and not to sign the extradition order in the absence of those guarantees. Reports indicate that al-Mahmoudi fears for his safety and claims to be the sole possessor of Libyan state secrets following thedeath [JURIST reports] of ousted Libyan leader Muammar Gaddafi [BBC obituary; JURIST news archive] in October. Some commentators have argued that African tyrants should be tried in their home countries[JURIST op-ed].

In November a Tunisian court ordered al-Mahmoudi's extradition, and HRW issued a statement [JURIST reports] urging Tunisia not to carry out the extradition. Al-Mahmoudi's extradition is the latest legal episode in an ongoing effort by Libyan and international courts to investigate officials in Gaddafi's government[JURIST report]. In June, the International Criminal Court (ICC) [official website] issued arrest warrants[decision, PDF; JURIST report] for Gaddafi, as well as two high-ranking officials in his regime, for crimes against humanity. In June, the UN Human Rights Council (UNHRC) [official website] decided to extend its investigation [JURIST report] of human rights abuses in Libya. In a 92-page report [text, PDF], the UNHRC declared that Gaddafi's regime committed murder, rape, torture and forced disappearance "as part of a widespread or systematic attack against a civilian population with knowledge of the attack."


10/31/2011

Libya: Militias Terrorizing Residents of ‘Loyalist' Town

Πηγή: trust
Oct 30 2011

(New York) - Militias from the city of Misrata are terrorizing the displaced residents of the nearby town of Tawergha, accusing them of having committed atrocities with Gaddafi forces in Misrata, Human Rights Watch said today. The entire town of 30,000 people is abandoned - some of it ransacked and burned - and Misrata brigade commanders say the residents of Tawergha should never return.

Human Rights Watch interviewed dozens of Tawerghans across the country, including 26 people in detention in and around Misrata and 35 displaced people staying in Tripoli, Heisha, and Hun. They gave credible accounts of some Misrata militias shooting unarmed Tawerghans, and of arbitrary arrests and beatings of Tawerghan detainees, in a few cases leading to death.

"Revenge against the people from Tawergha, whatever the accusations against them, undermines the goal of the Libyan revolution," said Sarah Leah Whitson, Middle East and North Africa director at Human Rights Watch. "In the new Libya, Tawerghans accused of wrongdoing should be prosecuted based on the law, not subject to vigilante justice."

The National Transitional Council (NTC) should bring central command and control, as well as accountability, to the more than 100armed groups from Misrata, Human Rights Watch said. Anyone abusing Tawerghans, or preventing their return, is committing a criminal offense.

The people of Tawergha mostly fled in August to the Jufra region, south of Misrata, according to the United Nations High Commission for Refugees (UNHCR), which put the number of displaced Tawerghans there at 15,000. Local officials in Hun, a town in Jufra, said 4,000 Tawerghans had sought shelter in three camps there as of early October, and an unknown number are in the town of Sokna and nearby agricultural settlements. Since then, at least 5,000 Tawerghans have moved from Jufra to Benghazi and Tripoli, and other groups are in Tarhuna, Khoms, and the far south.

When Human Rights Watch visited Tawergha at the start of October, it appeared emptied of its residents and most of the buildings had been ransacked. Over three days between October 3 and 5, 2011, Human Rights Watch saw militias and individuals from Misrata set 12 houses aflame in the town.




On October 25, Human Rights Watch spoke with a Misrata brigade that claimed to be "guarding" Tawergha. The deputy commander said his forces were "protecting the place from arson and looting." At the same time, trucks full of furniture and carpets, apparently looted from homes, drove past with men on the trucks honking and waving. Brigade members failed to intervene, arguing passionately that Tawreghans should never return after "what they did in Misrata."

On October 26, Human Rights Watch saw four more homes burning in the town, and a freshly lit fire in an apartment block next the brigade's base.

Most of the Tawerghans interviewed by Human Rights Watch said they had fled between August 10 and 12, as Libyan opposition forces led by fighters from Misrata approached and entered the town. More than 100 civilians stayed in Tawergha after that date but said that militias quickly forced them out.

"They came outside my house, and told us we had to leave our homes," said 80-year-old Muhammad Grayra Tawergi, a retired date farmer. "We were unarmed."

The local authorities and residents of Misrata widely accuse Tawerghans, the majority of whom say they are descendants of African slaves, of having committed serious crimes in Misrata with Gaddafi forces, including murders and rapes.

Gaddafi forces used Tawergha as a base for attacks on Misrata and the surrounding area from March until they fled in August. Many Tawerghans supported Gaddafi, whose government claimed that Libyan opposition fighters would enslave Tawerghans if they took power. Hundreds of Tawerghans joined the army, both Misrata and Tawergha residents said, during the heaviest attacks on Misrata between March and May, when the city was besieged and repeatedly subjected to indiscriminate rocket and mortar attacks. Misratan fighters successfully defended the city and began to defeat Gaddafi forces in the area, with help from NATO airstrikes.

Since the defeat of Gaddafi's forces, the Tawerghans have reported serious abuses, including arbitrary arrests, beatings, and some killings. Two cousins who fled the town told Human Rights Watch that they were gathering firewood in mid-September near where they were taking refuge in Lode, in the Jufra district, when they were captured by six armed men from a Misrata brigade. The brigade members handcuffed the two men, beat them, shot them, and left them abandoned on the side of the road.

"The first bullet hit my leg," one of the men said. "Then they started shooting all over, and two bullets hit my side and one in my cousin's leg. They were telling us to extend our hands to take off the handcuffs. I could see the bone in my leg so I fainted." The other cousin, interviewed separately, gave the same account (see below), stressing that both men were unarmed and in custody when they were shot.

In some cases, arrested Tawerghans have been subjected to torture and severe beatings, sometimes leading to death. Two witnesses told Human Rights Watch that on August 20, they saw guards in a Misrata detention facility on Baladia Street beat to death Emhamid Muhammad Shtaywey, commonly known as Faraj, a 42 year-old garbage truck driver from Tawergha, who they said had been tortured to confess to rape.

"They hit him with everything, all over his body: a hose, a leather belt, a stick; they even kicked him on the chest," one witness to the beating said. "He was lying on his back and they hit him hard."

On August 20 or 21, guards at the Zaroug School detention facility in Misrata beat to death a mentally ill man from Tawergha named Ashraf Salah Muhammad because they wanted the pass code to a walkie-talkie, two witnesses said.

"They started whipping him at 10 a.m. with a horse whip," one said. "It lasted forty-five minutes. He was dead by noon."

On September 25, Human Rights Watch witnessed the abuse of detainees at the Wahda detention facility in Misrata. Around midnight, a group of guards forced four injured detainees to run in the courtyard and to walk on their knees with their hands behind their heads.

"We do this every day," one of the guards said. "It is sport before they go to bed. They committed rape."

Sulaiman Fortia, one of three Misrata representatives on the NTC, denounced the deaths in custody and the mistreatment of Tawerghans in Misrata prisons.

"This is wrong, and it shouldn't happen," he told Human Rights Watch.

Fortia said the problem stems from the lack of civilian control over the hundreds of Misrata brigades and militias operating in Misrata, Tripoli, and until recently in Sirte.

Ibrahim Yusuf bin Ghashir, another member of the NTC from Misrata, said that the passions aroused by alleged atrocities, especially rape, make the return of Tawerghans to their town unlikely.

"We think it would be better to relocate them somewhere else - Tripoli, Benghazi, the south - give them housing and compensation for their losses in Tawergha," he said. "These cases cannot be forgiven, and it would be better to resettle them far away."

Gaddafi forces subjected the civilian population of Misrata to serious abuses during the war, Human Rights Watch said, especially during the siege between March and May. Gaddafi forces repeatedly launched indiscriminate mortar and Grad rocket attacks into the town, killing civilians. In April, Human Rights Watch documented the government's use of cluster munitions in the city.

But forcing all residents of Tawergha to resettle permanently in another part of Libya would amount to collective punishment and would constitute a crime against humanity for deportation or forced transfer, Human Rights Watch said.The NTC and Misrata Council should instead ensure the investigation and prosecution of Tawerghans accused of crimes and allow others to return to their homes and live in safety.

The NTC should also hold detained Tawerghans outside of Misrata, due to the abuse many of them are experiencing in the city, Human Rights Watch said.

"The entire town of Tawergha should not be punished for the crimes of some individuals," Whitson said. "Prosecutions of people who committed serious crimes are the way forward, with respect for victims' privacy, not the forced expulsion of the entire town."

Deaths in Custody

Two witnesses, interviewed separately, reported the death in custody of Emhamid Muhammad Shtaywey, known as Faraj, a 42 year-old garbage truck driver from Tawergha, at the Misrata security committee detention facility on Baladia Street at about 8 p.m. on August 20. They said that guards beat him to death. One of the witnesses said that guards and visitors badly beat Faraj throughout most of the day in the Baladia Street facility:

They hit him with everything all over his body: a hose, a leather belt, a stick; they even kicked him on the chest. He was lying on his back, and they hit him hard. Three or four people entered every half an hour and started beating him… He had confessed to rape. I asked him, "Why did you say that?" He said, "They made me." I said, "C'mon, thirty girls, the youngest eight-years-old?" [He said,] "I had to say that so they would stop beating me…" They were cursing and swearing at him: "You rapist, you are with Gaddafi." He wasn't answering, and he wasn't moving. They said, "Wake up, wake up." I saw his chest; it wasn't moving.

The second witness said he saw Shtaywey badly beaten but still alive, and then later saw his dead body.

"They put him out in the hallway," the man said. "He was dead... The guards were touching and feeling him, and they said he had died."

Two witnesses, interviewed separately, described another death in custody of a Tawerghan resident in the basement of the Zaroug School, a makeshift detention facility in Misrata, on August 20 or 21. The facility has since been closed, the witnesses said. One witness said he saw the guards beat the man, and then saw the dead body. The other said he overheard the beating and then saw the dead body. Both witnesses said that the victim, Ashraf Salah Muhammad, in his early thirties, was mentally ill. He was beaten repeatedly in his cell to divulge a pass code to a walkie-talkie, both of the witnesses said. One of the witnesses said:

They started whipping him at 10 a.m. with a horse whip. It lasted forty-five minutes. He was dead by noon… They whipped him on his back and neck… Two guards put thick brown tape around his wrists and mouth. They asked him for the code of his walkie-talkie. That was their only question. He only said, "Have mercy on me. I will kiss your hands so you will leave me be." Over and over again. I don't know why they were asking him this. After they finished torturing him… we went to sleep because of the fasting in Ramadan. After an hour-and-a-half, we woke up and found that he had died. We touched his pulse and didn't feel anything. We knocked on the door and said that someone here had died. The guards covered him with a blanket and took him away. The guards didn't say anything to us about what happened. They just pulled him out and that was that.

Shootings

The harassment by Misrata brigades of Tawerghans includes shootings of unarmed men, sometimes in custody. In one case armed men from Misrata killed a displaced Tawerghan in the camp where he was taking shelter. In two other cases, Misrata brigade members shot Tawerghans in their custody and left them by the side of a deserted road.

Three witnesses told Human Rights Watch that a member of a Misrata brigade killed an unarmed man from Tawergha named Ihsam Omar Sa'ad in late September. They said that Sa'ad, a nurse at the Tawergha hospital, was shot once in the back and once in the leg at the military rest house in Hun, a facility being used as a camp for nearly 1,800 displaced Tawerghans.

One of the witnesses said he entered the camp with Ihsam as members of the al-Adiyat Brigades were separating the young male Tawerghans from the old men, women, and children:

[A Misrata fighter] came with his gun and told me to go back [into the courtyard where the other camp residents had been collected]. He was hitting us with the back of the Kalashnikov. He hit me in my chest. As we were going, one of the Misrata fighters fired two bullets - one hit Ihsam in the back and one in the leg. There were more shots. I looked back. He fell.

A cousin of Ihsam said he was also walking with Ihsam into the compound and saw the shooting. One of the bullets that hit Ihsam went through the jacket that the cousin had draped over his arm, he said. He showed Human Rights Watch the bullet hole in the jacket and the place in the compound where he said Ihsam was shot. The cousin said he attended Ihsam's burial the following day.

In mid-September a Misrata brigade apparently shot and wounded two unarmed cousins from Tawergha, who said they were in the hills gathering firewood a few kilometers from where they were staying in Lode. The men, interviewed separately, said that when they approached the road, six armed men stopped them and handcuffed them to each other. The fighters beat the cousins and asked whether they had fought as members of the Gaddafi forces, as soldiers or volunteers, and whether they had weapons. One of the cousins described how the fighters shot them and abandoned them by the side of the road:

They put us in the car and then changed their mind. They put us on our knees. One of the rebels kicked my cousin on his nose with his boot. One of them tried to point the gun at me, so I was running toward him so he wouldn't shoot at me. One of the guys said they should put us under the car and run us over. We were standing in a corner, and one of them had a 14.5mm pointed at us and the others with their Kalashnikovs pointed… My cousin was crying because his nose was broken, and I just surrendered. When I looked the other way, the first bullet hit my leg. Then they started shooting all over, and two bullets hit my side and one in my cousin's leg. They were telling us to extend our hands to take off the handcuffs. I could see the bone in my leg so I fainted... My cousin was awake, and they pulled me by my neck and pulled us to the edge of the road. I was wearing a gray t-shirt and shorts. My cousin had a red vest and a pair of trousers. They tore his shirt off.

They left us at the edge of the road, put a blanket over us and then started swearing, "You are dogs, hope you die." There was a farm nearby, so my cousin started pulling me so we could hide at the farm... My cousin said to hold on to his shoulders... But my wound was very bad, unlike him. I fell again. I said, "Just leave me, I am going to die." Everything went white. I couldn't see anything. I could just hear his voice but I couldn't understand what he was saying.

The cousin with the lighter bullet wounds said he was able to crawl to safety within 10 days, surviving off irrigation water from nearby farms. The other cousin said he was rescued after about two weeks, also surviving on farm water, at which point one of his wounds had been badly infected. Human Rights Watch interviewed this man while he was still in the hospital, as well as the doctor who was treating him. The bullet marks in the bodies of both men were consistent with their statements, and the medical records for the hospitalized man said he had been admitted to the hospital on October 3 for gunshot wounds.

In another case, Human Rights Watch interviewed a Tawerghan man who said that Misrata fighters opened fire on him and his friend, Abdel Majid Faraj Ali, while they were searching for firewood, hitting Ali in the back. The man said that he and Ali had fled Tawergha and taken refuge on a farm near Lode. On August 22 they went searching for firewood in the area. Near a highway, five unidentified men from Misrata in two pickup trucks stopped and ordered them to approach, the man said. Ali ran and the group of men fired AK-47 rifles in the air, forcing Ali to stop, the man said. The armed men then pulled a Tawerghan detainee who had been badly beaten from one of the trucks. The detainee said he knew Ali.

"Ali got afraid, and so did I," the man said. "We started to run among the date trees. They started yelling ‘slaves, slaves' and fired at us. They hit Abdel in the back and he fell." The man said he managed to get away despite the shooting and hid in a family farm. He did not know Ali's fate.

Prisoner Abuse

Human Rights Watch documented the abuse of Tawerghans and other detainees in the custody of militia fighters, both in Tripoli and in Misrata. Abuse included the use of electric shock and beatings, including beatings on the soles of the feet (falaga).

Misrata brigades single out Tawerghans to extract confessions, many victims and witnesses said. One Tawerghan detainee told Human Rights Watch that the first question Misratan captors ask is, "‘Where are you from?' When they say they are from Tawergha, the Misratan immediately asks, ‘Did you rape? Did you kill? Did you steal?'"

According to head counts that Human Rights Watch conducted during visits to four detention facilities in September and October in Misrata, civilian and military authorities in the city are holding well over 1,300 detainees. Tawerghans held in custody by brigades from other cities did not appear to be singled out for mistreatment.

In late September Human Rights Watch interviewed 50 prisoners in four Misrata prisons, including 22 Tawerghans and 10 non-Libyans. Human Rights Watch also interviewed three Tawerghans who had been released from detention. Human Rights Watch found evidence of mistreatment in three of the four facilities. None of the detainees alleged mistreatment in the Sadoun School facility since May, when the director of the facility, Sheikh Abdulhafith Abu Ghrain, fired those who had committed abuses, according to one detainee who said he had been subjected to electric shock there.

Human Rights Watch found Tawerghan detainees in all four of the detention facilities it visited. In two, Tawerghans constituted the majority of detainees. Most of the Tawerghan detainees reported beatings at the time of their capture, both in Tripoli and Misrata. Most reported beatings at both transitional detention facilities and the de facto prisons. Because of the possibility of reprisals against the detainees, Human Rights Watch is not providing their names.

One Tawerghan man said that in the Sikt detention facility near Misrata in August, members of the Murdaz Brigade from Misrata tried to force confessions of rape:

They wanted me to say I had raped. They ask most people from Tawergha to say that they had raped. They beat me. They used an electric stick on my back and my stomach… they did it over and over. And some of them beat us on our feet twice… They put me in a room by myself and asked me if I raped; I said no. They asked me where the orders came from in Tawergha. "Where were the weapons?" I said, "I am a civilian... I know nothing about the military." They told me to confess that I raped five people. I don't know why five people. They hung me with a pole between my legs and my arms. They beat me up. They used a whip for horses and told me to confess… That lasted five hours. They whipped me on my feet, my legs, my hands. There were lots of different people in civilian clothes. They were taking turns. The investigator was giving orders. After I was beaten, I passed out for five minutes. When I woke up they were standing over me, spitting and cursing at me, and saying, "We will send you back to Africa."

The man showed Human Rights Watch pronounced scars all over his body consistent with his account.

Another Tawerghan detainee described the nightly routine he said he endured at Sikt:

They beat me on my feet every night for 15 minutes, and some people hit my backside and my back. For four days I couldn't sit. They poured cold water on top of me, then took an electric stick and put it on my shoulders, back, and arms each night for ten minutes. It shook me. I can't describe it… They used an engine belt, a plastic hose, a wooden stick, a horse whip…. I had blood in my urine for four or five days.

The man showed Human Rights Watch scars on his body that were still red and protruding one month after the abuse.

Two Tawerghan detainees captured together on August 11, both with visible injuries two months later, said Misrata fighters broke their bones in Misrata. They said that their captors repeatedly hit them with heavy rubber cables and forced them to admit to rapes. A third man said interrogators applied electric shocks to his thighs during an interrogation on August 11, after he was found with weapons in his home in Tawergha.

Another Tawerghan detainee said his Misratan captors repeatedly beat him on the head until he passed out after he had been transferred from Tawergha on August 12 to an unknown location in Misrata. He said the men accused the people of Tawergha of rape, although they did not specifically charge him with wrongdoing. Interviewed in October, he showed Human Rights Watch welts on the top of his head that he said came from the beating.

Another Tawerghan detainee said Misrata fighters captured him in Zawiya, west of Tripoli, on September 20 and took him to a farm where his captors twice put him against the wall and fired bullets near his body as they told him to confess to killing three people in Misrata. He said his captors took him overnight by truck through Tripoli, where he was displayed briefly in Martyrs' Square while chained to the bed of the truck.

Several witnesses at one Misrata facility told Human Rights Watch that they saw guards whip one dark-skinned Tawerghan detainee while forcing him to run around a courtyard and then telling him to climb a pole while shouting, "Monkey needs a banana."

One Tawerghan detainee said that the Misrata fighters who captured him in Tripoli took him to a private building there and beat him with whips and rifle butts.

"I confessed to raping women because I thought that would get me released," he said. "But the beatings continued [in Misrata]." The man's captors said they would take him to "Hotel Jenat," [Hotel Hell] the man said, which is Misrata slang for the local cemetery. The man displayed fresh gashes on his face and arms, and blood was visible inside his mouth. During the interview, the man lost consciousness for about one minute.

While Human Rights Watch was interviewing detainees at the Wahda detention facility in Misrata around midnight on September 25, a group of guards forced four detainees, all of whom were injured, to run in the courtyard and to walk on their knees with their hands behind their heads. When the researcher confronted the guards about the mistreatment as it happened, one guard said: "We do this every day. It is sport before they go to bed. They committed rape."

Human Rights Watch spoke to witnesses who said that the guards had previously beaten other detainees. The supervisor of the prison, Ali Garman, claimed not to be aware that this abuse was taking place there every night, although he was present at the time the witnesses were forced to run and walk on their knees.

Sedik Bashir Bady, deputy head of the Misrata Council, told Human Rights Watch that the council has ordered prison guards and fighters to halt the mistreatment of prisoners, but that guards and fighters had ignored the demand.

"We have made it clear that there must be no abuses," he said. "They don't respect orders. They do what they want."

Omar el-Qayed, a member of the Misrata Military Council, told Human Rights Watch that top officers "do not give license" to abuse prisoners or other Tawerghan people. "But even on the battlefield, the revolutionaries are hard to control," he said.

Forced Displacement

The population of Tawergha, roughly 30,000 people, has fled to other parts of Libya. Most left as anti-Gaddafi forces approached the town in mid-August; at least 140 people who remained were forcibly expelled by members of a militia.

The largest known group took refuge in Jufra, a region 200 miles south of Sirte. In Hun, a town in Jufra, as of early October units of the Al Jazeera Brigade from eastern Libya were guarding about 4,000 displaced persons in three compounds, where the Tawerghans were free to come and go. The brigade had begun transferring some Tawerghan families voluntarily to Benghazi for their protection. On October 5, Human Rights Watch visited the three refugee compounds in Hun and spoke unimpeded with 22 displaced Tawerghans. By October 27, 2011, at least 5,000 Tawerghans had gone to Benghazi.

Al Jazeera Brigade officers told Human Rights Watch that members of brigades from Misrata have tried to enter the camps in Jufra with the intention of rounding up male Tawerghans.

"A few days ago, a Misrata group came to this gate and demanded to go in," one officer said on October 5. "I said no, and one of them shot at the ground at my feet. Everyone loaded up and the confrontation ended. But they might come back." The Misratans have come four times in two weeks demanding to come in, the officer added.

"Mainly they are looking for stray Tawerghans in the street," he said. "They're on a hunt." A committee of Tawerghans in one of the three facilities gave Human Rights Watch a list of more than 50 youths missing from the area over the previous month.

Displaced families in the Hun camps were in crowded, unsanitary conditions. Tawerghan authorities in the camp said that sewage water was leaking into the courtyard and that many of the children had diarrhea. Human Rights Watch noticed a putrid smell in the courtyard area. Men apparently did not have access to indoor toilets.

Tawerghan families told Human Rights Watch that they were running out of money. Although the local community helped them with food, they were buying many of their supplies at the local stores and cooking outside on fires. There were shortages of blankets, children's shoes, and clothes for the fall and winter. Tawerghan authorities in the camp said that a civilian truck from Misrata recently stocked the camp clinic with medications.

In other areas near Hun, Tawerghans had taken refuge in agricultural settlements and had refused invitations from the Al Jazeera Brigade to gather in Hun. Elsewhere they also had moved in with relatives or were living in makeshift camps, especially in Tripoli.

Many Tawerghans said they were reluctant to go outside in many parts of Libya for fear of capture and abuse by Misrata brigades. Misrata units in Tripoli and elsewhere have been rounding up Tawerghan men, frequently transferring them to Misrata.

On September 22, fighters from a Misrata brigade detained at least five members of the Tawergha Local Council, a body of 10 members that the NTC had recognized as representatives from Tawergha. They were released on October 2 or 3.

On September 30, Human Rights Watch visited Heisha, a cluster of rural settlements about 60 miles south of Misrata. Two groups of displaced Tawerghan families had taken refuge in an unfinished housing development and some abandoned farm houses. The first group of about 700 people said they had fled their homes on August 12, when the Misrata forces arrived. They took no part in the fighting, they said, and in fact had opposed Gaddafi. They said that pro-Gaddafi Tawerghans threatened to assault them when the war was over.

In interviews in Heisha, a group of six men said they moved first to Jufra, about 200 miles south of Sirte, on August 11, and then to Heisha, closer to their hometown, on September 26. Rebels at a nearby checkpoint have refused to let them pass either to Tawergha or beyond to Tripoli, they said.

Mohammed Idriss, a physician, said that on October 2, guards denied a woman soon to give birth passage for four hours until they relented and permitted her to continue to Misrata hospital.

"The rebels call us rats and say we will never go back," he told Human Rights Watch.

Three medical workers interviewed by Human Rights Watch said that the de facto director of the makeshift hospital between Sirte and Heisha, at a place known as Kilometer 50, told the staff to treat Misrata fighters ahead of everyone else, including ahead of "Tawerghans, people who are black, civilians from Sirte, Gaddafi soldiers, and women. Basically anyone not from Misrata."

In the nearby town of Heisha, three Tawerghan families of about 32 women and children had taken refuge in an abandoned farmhouse. They too said they had fled Tawergha on August 12 as forces from Misrata approached, but got no further than Heisha, where rebels arrested five of their men. The women did not know the men's whereabouts, and they have not been able to go back to Tawergha. They are being fed by a nearby family from the southern town of Sebha, they said.

Harassment in Misrata

The collective blame that militias are applying to the people of Tawergha includes Tawerghan residents of Misrata. These people say they dislike Gaddafi and supported the anti-Gaddafi revolt. Human Rights Watch interviewed four such Tawerghans. One said he had been fired from his state job, another that a teller forbade him from withdrawing money at a bank, and another said nurses denied her medical care at the hospital. In all cases the people were told this was because they were Tawerghans. The fourth said a band of armed men from Misrata ransacked his home and stole a camera. All of the men asked that their names not be used. They all said that Misratans had repeatedly told them that Tawerghans would not only be forbidden from returning to Tawergha, but also from staying in Misrata.

One of the Tawerghans, who said he has lived in Misrata for 20 years, said he supported the rebels as a volunteer by giving out food during the siege. On July 11, he arrived on payday at his place of work, which he did not want to identify, and a guard at the facility told him to "forget about it."

"We are going to eradicate Tawergha," he said the guard told him.

"I don't know who these people are and they don't know I was with the revolution," the man told Human Rights Watch. "They don't care. It is enough that I am Tawergha."

The man said he complained to the Misrata Security Committee, which instead of helping told him to surrender his government-provided car. The man said he returned home to find his car stolen.

Another Tawerghan resident of Misrata said she was rejected for treatment at Misrata's government-run hospital, where she went in August for a pregnancy checkup. Nurses told her: "We don't treat Tawarghans here." The woman approached a Libyan doctor friend who conducted an examination in her home. She said that when she has gone to a local market, Misrata people have insulted her and told her to leave town.

One elderly Tawerghan man who said he has lived in Misrata for 10 years, including during the fighting, said a teller denied him service at a bank unless he erased Tawergha from his identity card. He said the teller told him that Tawerghans were "traitors" who should not stay in Misrata.

Another Tawerghan from Misrata, a clothing store owner, said during the anti-Gaddafi revolt, he took part in street protests and helped carry ammunition for the rebels. In mid-July, a group of men in sedans and pickup trucks mounted with recoilless rifles pulled up to his home, he said, knocked on the door and demanded to conduct a search. He said as he opened the door, men leaped over a courtyard wall and entered the house, saying "No more Tawerghans." They overturned shelves and drawers and stole a camera and mobile phone, he said. The man complained to the Misrata Security Committee, but they have not investigated, he said.

Recommendations

Misrata's civil and military leaders should help promote justice for serious violations during the conflict and support the rule of law by:
Publicly condemning revenge attacks against Tawerghans and punishing those who harass or attack Tawerghans, or detain them without grounds;
Issuing strong and unambiguous orders to all military commanders and detention facility officials that physical or mental abuse at the time of arrest or during detention is strictly forbidden and will be punished appropriately, and that commanders will be held responsible;
Expediting efforts to bring the many military brigades and local militias in Misrata under a unified civilian command;
Clarifying who has the lawful authority to detain people and treating detentions by anyone else as a crime;
Transferring Tawerghan detainees out of Misrata to NTC-run facilities in Tripoli or Benghazi, where they are less vulnerable to abuse; and
Working to reestablish the criminal justice system, so those accused of having committed serious crimes can be lawfully investigated, prosecuted, and given in a fair trial.