Prisoners in Libya languish without charge

Amnesty International and Human Rights Watch have documented numerous cases of ill treatment of detainees. Dark-skinned Libyans and sub-Saharan Africans, the human rights groups say, have been especially vulnerable to beatings and torture by electric shock. Many Libyans suspect those with darker skin of being African mercenaries or of otherwise supporting Gaddafi.

“Right now, you have hundreds of local armed groups that are taking law into their own hands in their own neighborhoods,” said Fred Abrahams, a special adviser at Human Rights Watch.

(Mary Beth Sheridan/ WASHINGTON POST ) - Prisoners captured during the Libyan war stand in a massive dormitory at a makeshift prison run by revolutionary authorities in the city of Misurata. An estimated 7,000 Libyan detainees from the war are in crowded prisons around the country.
  • (Mary Beth Sheridan/ WASHINGTON POST ) - Prisoners captured during the Libyan war stand in a massive dormitory at a makeshift prison run by revolutionary authorities in the city of Misurata. An estimated 7,000 Libyan detainees from the war are in crowded prisons around the country.
  • (Mary Beth Sheridan/ WASHINGTON POST ) - Catherine Juvyns and Peik Brundin of Doctors Without Borders treat a Libyan prisoner whose lower leg was blown off during fighting in the town of Bani Walid. The humanitarian group is operating clinics in makeshift Libyan prisons that are packed with an estimated 7,000 detainees captured during the war.
  • (Mary Beth Sheridan/ WASHINGTON POST ) - Prisoners captured during the Libyan war stand in the courtyard of a makeshift military prison run by revolutionary forces in Misurata.

(Mary Beth Sheridan/ WASHINGTON POST ) - Prisoners captured during the Libyan war stand in a massive dormitory at a makeshift prison run by revolutionary authorities in the city of Misurata. An estimated 7,000 Libyan detainees from the war are in crowded prisons around the country.

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WARNING: Graphic video. Libya's new leaders will declare liberation on Sunday, officials said, a move that will start the clock for elections after months of bloodshed that culminated in the death of longtime dictator Moammar Gaddafi. ( Oct. 22)

WARNING: Graphic video. Libya's new leaders will declare liberation on Sunday, officials said, a move that will start the clock for elections after months of bloodshed that culminated in the death of longtime dictator Moammar Gaddafi. ( Oct. 22)

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He said a researcher for his organization was recently in a Misurata prison about midnight and witnessed four wounded detainees from Tawergha — a former Gaddafi stronghold — being forced to move around on their knees in a courtyard, with their hands behind their heads. According to Abrahams, a guard told the researcher: “We do this every day. It is sport before they go to bed. They committed rape.”

Human Rights Watch has found evidence of two prisoners dying from beatings they received in detention, he said.

Several prisoners in Misurata said in interviews that they had been beaten after being detained.

Gouezy Ahmed, 29, a small-boned man with big brown eyes who was lying on a mattress in a military prison, said he was whipped during an initial interrogation.

“Sometimes they hit you here, hit you there, to make you confess,” he said. Ahmed said he had acknowledged being a military officer under Gaddafi.

The revolutionaries overseeing the prisoners were at times openly contemptuous. As Abu Shaallah, the prison official, accompanied a reporter through the military prison, he became exasperated at detainees’ accounts of their innocence.

“Why are you here? Tell the truth,” Abu Shaallah barked at a man who said he was a civilian captured while fleeing Tawergha. The man was a suspected fighter with Gaddafi’s forces, Abu Shaallah said. And didn’t he raise the green flag of the regime over his home?

“We raised the flag because everyone in our city is pro-Gaddafi,” said the man, Abdul Aziz, who declined to give his surname.

A senior security official with Misurata’s revolutionary government acknowledged abuse had occurred in the prisons but said conditions had improved.

“The first couple of months, there was no organization. Some people were tortured or hit,” said the official, Ibrahim Mohammed Shirkasiya. But the revolutionary government now has teams of volunteer lawyers who are conducting investigations of each prisoner, he said. Those deemed innocent are freed.

“Whatever the revolutionaries did in the first two months is nothing compared to what these Gaddafi loyalists did in Misurata,” he said.

Misurata’s chief investigating magistrate said the city’s approximately 2,000 detainees have had no access to the formal justice system.

“We have had no contact with them,” said the magistrate, Abdel Latif Ibrahim al-Hamaly. He said he didn’t know how he would cope with so many prisoners; the city’s three jails and main court building were heavily damaged during the war. Jail guards had not yet returned to work.

Under international law, fighters in a civil war are supposed to be freed once the conflict ends, unless they have committed crimes such as attacking civilians.

“That means Gaddafi’s soldiers can be held while a determination is made as to whether they committed war crimes or other offenses,” Abrahams said. But if they are detained for an extended period, “they need to be brought before a judge.”

Revolutionary leaders in Misurata said they were trying to improve conditions in the prisons but had little money and guidance from the central government. Food, blankets, mattresses and other goods are donated by local residents or international groups, they said.

In one sign of the revolutionaries’ good intentions, the humanitarian organization Doctors Without Borders has been allowed to open clinics in two makeshift prisons in Misurata to treat the war-wounded. Its physicians said food and water in the prisons seemed adequate.

The national government has condemned prisoner abuse. “We joined the revolution to end such mistreatment, not to see it continue in any form,” Prime Minister Mahmoud Jibril told Human Rights Watch in late September.

Abrahams said the Libyan leaders “have been spot on with their public statements. The problem and question is their ability to implement them on the ground.”

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