Amnesty International Report- Disappearanes Inthe Besieged Nafusa Mountains

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    L I B Y AD IS A P P E A R A N C E S IN T H EB E S IE G E D N A F U S AM O U N T A IN A S T H O U S A N D SS E E K S A F E T Y IN T U N IS I A

    A M N E S T YI N T E R N A T I 0 N A L

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    Am n es ty I nt er na ti on a l P u bl ic a tio n s

    F irs t p ub lish ed in M ay 2 01 1 b yAm n es ty I nt er na ti on a l P u bl ic a tio n sI n te r na t io n a l S e c re t ar ia tP ete r B en en so n H ou se1 E a sto n S tre etL on do n W C 1X o DWU n it ed K in g domwww.amnesty.org

    A m ne sty In te rn atio na l P ub lic atio ns 2 01 1

    I nd e x: M D E 1 9 /0 2 0/ 20 1 1O r ig in a l L a ng u ag e : E n g li shP rin te d b y A m ne sty In te rn atio na l, In te rn atio na l S e cr eta ria t, U nite d K in gd om

    A ll righ ts re se rve d. T his pu blic atio n is co py rig ht, b ut m ay b e re pro du ce d b y a nym eth od w itho ut fee fo r a dv oca cy , c am pa ign in g an d te ac hin g pu rp os es, b ut n otfo r re sa le . T he c op yr ig ht h olde rs re que st th at a ll su ch u se b e re giste re d w ithth em fo r im pa ct a ss es sm en t p urp os es . F or c op yin g in a ny o th er c irc um sta nc es ,o r fo r re us e in o th er p ub lic atio ns , o r fo r tra ns la tio n o r a da pta tio n, p rio r w ritte np erm iss io n m ust b e o bta ine d fro m th e p ublish ers , a nd a fe e m ay b e pa ya ble .T o re qu es t p erm is sio n, o r fo r a ny o th er in qu irie s, p le as e c on ta ctcopyr [email protected]

    A M N E S T YI N T E R N A T I 0 N A L

    http://www.amnesty.org/mailto:[email protected]:[email protected]://www.amnesty.org/
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    C O N T E N T SIntroduction 5Living under siege and shelling 7Access to food, electricity, water, medicine and fuel 10Internal displacement.. 11Protests in Nafusa Mountain 12Enforced disappearances 14Recommendations 16Endnotes 18

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    L ib y a 5D i s a pp ea ra nc e s in th e b es ie ge d N a fu sa M o u n ta in a s th ou sa nd s s ee k s a fe ty in T u nis ia

    I N T R O D U C T I O N

    D h eh ib a: P ro te st in U A E R e d C r e sc e n t c a m p A m n e s ty I nt er n at io n a l

    The Nafusa Mountain area in the far west of Libya, where people have largely declared theirallegiance to the opposition forces control ling Benghazi, has been under siege and under firesince early March 201l. In mid-April 2011, as fighting intensified in the area betweenforces loyal to Libyan leader Colonel Mu'ammar al-Gaddafi and the thuuwar("revolutionaries", as the opposition fighters are known), thousands of people fled across thenearby border into Tunisia - nearly 55,000 according to the UN Office for the Coordinationof Humanitar ian Affairs. The UN Refugee Agency (UNHCR) has reported that since 21 April2011 an average of 657 Libyans a day have crossed into Tunisia at Wazin and Dhehiba.'Most are being hosted by Tunisian famil ies in Dhehiba, Jerba, Medenine, Remada,Tataouine, Zarzis and other cities, although some are living in camps set up by UNHCR andthe Red Crescent Society of the United Arab Emirates (UAE), or in youth hostels.The Nafusa Mountain hosts a cluster of towns and viI lages, where most residents belong tothe Amazigh minority who speak Tamazight. Opposition to Colonel al-Gaddafi has grown aslocal demands to end perceived repression and discrimination against the Amazighcommunity have gone unanswered for decades. The Libyan authorit ies have persistently triedto erase the Amazigh cultural identi ty and language. For instance, chi ldren can only be given

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    6 L ibyaD is ap pe ara nce s in th e b esie ge d N afu sa M ou nta in a s th ou sa nd s s ee k sa fe ty in T un is ia

    Arab names, not Amazigh ones, and are not al lowed to learn Tamazight at school. Severalpeople have been prosecuted for peacefully promoting their identity or undertaking academicresearch on Amazigh heritage." The region also has relatively poor infrastructure and services,including education and health care.Since the siege began, scores of people, mostly young men, have "disappeared" in theNafusa Mountain area at the hands of forces loyal to Colonel al-Gaddafi and have not beenseen from or heard of again - they are victims of enforced disappearance. They are believedto have been transferred to detention facil ities in and around Tripoli , and there are seriousconcerns about their safety and wellbeing.During a fact-finding visit to Tunisia between 6 and 20 April 2011, Amnesty Internationalmet some of the people who had fled from the mountain region. They described many casesof enforced disappearance, as well as other problems in the besieged mountainous area-particularly the growing difficulty of surviving on supplies smuggled in from Tunisia and thedangers of travell ing to areas controlled by forces loyal to Colonel al-Gaddafi . As the fightinghas spilled over the border, the last lifeline of the smugglers' route has looked to be at risk.Assessing the impact of the fighting and siege in the Nafusa Mountain area has been severelyimpeded by the absence of independent observers there, coupled with the disruption ofcommunication lines. This highlights the urgent need for all sides to guarantee the safepassage of humanitarian organizations to the area, in particular to respond to the needs ofthe civilian population.The UN World Food Programme (WFP) reported on 12 May 2011 that the ongoing fighting isblocking access to the Nafusa Mountain, where the WFP believes the need for food could beimmense. The WPP has reported that, while suppl ies have reached several affected places,the most affected areas around Yefren and Zintan are not yet accessible.

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    L ibya 7D is ap pe ara nce s in th e b esie ge d N afu sa M ou nta in a s th ou sa nd s s ee k sa fe ty in T un is ia

    L I V I N G U N D E R S I E G E A N D S H E L L I N G

    D h eh ib a : L ib ya -T un is ia b o rd er Amnes ty In te rnat io na l

    After several cities in the Nafusa Mountain area declared their allegiance to the TransitionalNational Counci l (TNC), based in Benghazi, and the security forces withdrew, in late February2011 the thuuwar attacked the mil itary barracks in the forest of al-Kashaf, 3 as well aspremises of the government's Internal and External Securi ty Agencies and of theRevolutionary Committees (AI-Lijan al-Thawriya). During such attacks, they seized weapons.In late February 2011, skirmishes broke out between the thuuwar and al-Gaddafi forces,particularly around checkpoints as the latter attempted to regain control of the mountain.On 3 March 2011, forces loyal to al-Gaddafi forces attempted to retake Zintarr' by shell ingthe outskirts of the city.> Attacks continued for three days, including against Ye f r env andNalut,? but the opposit ion forces prevented al-Gaddafi forces from entering the cit ies.However, al-Gaddafi forces surrounded the area and posit ioned mobile Grad rocket launcherson the outskirts of the cities. Since then, the three cities have been besieged but have notfallen to al-Gaddafi forces.Witnesses told Amnesty International that Grad rockets were fired into Nalut, Zintan and

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    8 L ibyaD is ap pe ara nce s in th e b esie ge d N afu sa M ou nta in a s th ou sa nd s s ee k sa fe ty in T un is ia

    Yefren and the surrounding villages, destroying several houses and in some cases killingcivilians inside. Amnesty International cannot confirm these reports. According to theinterviewees, civil ian objects, including hospitals, houses, mosques and schools in thevillages surrounding the towns, were shelled and partly destroyed. Among the villagesaffected were al-Oalaa," Arrujban,? Jadu.'? Kikla,ll Nalut, Takut.l-Yefren and Zintan.Grad rockets are indiscriminate weapons and al-Gaddafi forces appear to have fired themfrom tens of kilometres away from their supposed target. Even at much closer range, theserockets cannot be directed accurately at a particular target. Mortars and artillery shel ls havealso been used - weapons designed to be used against massed infantry or enemy tanks andartillery. They too are not suitable for attacking a precise target, especially in the vicinity ofcivi I ians, and shou Id never be used in residential areas.Women from the Nafusa Mountain told Amnesty International that they had been living inconstant fear of shell ing and were terrorized by the sounds of explosions. A 30-year-oldwoman from Nalu t said she suffered a miscarriage on 11 Apri I 2011 after the outskirts of thecity were shelled. That same afternoon, she fled with her family to Tunisia. She was bleeding,but only realized that she had miscarried when she went to a clinic in Tataouine, Tunisia.Residents of Takut, a village on the outskirts of Nalut and about 30km south-east of Tijiwhere al-Gaddafi forces are believed to be positioned, have been seriously affected by theshel ling. A 43-year-old man from the village told Amnesty International:"The attacks on Takut were indiscriminate; several houses were destroyed, including mine.People hid in dawamis [a plural of damus - ancient, troglodyte Amazigh houses in themountainside] and fortunately nobody was harmed. I took my family to Nalut, where westayed in hiding about three days and then we left for Tunisia. I will leave them here and goback. All our cattle have been either killed or lost. Our farms were also destroyed by cars andtanks. The kataib [Colonel al-Gaddafi's armed forces] took what they could from the farmsfor their own consumption and then they destroyed what they couldn't take . .. we aresurrounded; we are besieged. We can't get food, fuel, medicines, and milk for children ...Takut is not the target itself, al-Gaddafi and his forces want to destroy Yetten, they can'treach there because they are in the mountains, so the shells fall on Takut ... They want to cutoff supplies to oblige the thuuwar to surrender. We will never surrender, we want to be free."AI-Qalaa has also been affected by shelling and tank-fire. For two days in early April 2011 al-Gaddafi troops surrounded it and fired Grad rockets at it. According to reports, the hospitaland mosque as well as several houses were shel led, farms were destroyed and livestockkilled. A 30-year-old woman who fled al-Qalaa told Amnesty International:"I was with my family; I have two children aged three and five. We were in al-Qalaa when theshel ling started. They were very scared; they could not sleep properly and were always cryingbecause of shelling. I could not leave them for a second. On 2April; at around 2pm, we wentto al-Qalaa al-Ulya where we spent three nights in hiding in a damus. We were scared to goout. I was preparing food on firewood because we didn't have gas. Wenever left the house;we were living on stocks ...."Shell ing continued on al-Qalaa. On 11April , we left to Rehibat, 13 where we spent five days.

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    Then we were told to leave because kata'ib were approaching with tanks and Grad launchers.On our way to Rehibat, we saw cows and sheep killed, lying on the ground, farms destroyed -tanks and cars had driven over the crops. Many houses and mosques were shelled. Some arepartly destroyed, others completely. On 16April, we left Rehibat fearing retaliation of el-Gaddafi people. We went to Nalut and then the next day escorted by the thuuwar we reachedTunisia using back roads... "

    I n de x: M D E 1 9 / 0 2 0 1 2 0 1 1 A m n es t y I n te rn at io na l M a y 2 01 1

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    10 L ibyaD is ap pe ara nce s in th e b esie ge d N afu sa M ou nta in a s th ou sa nd s s ee k sa fe ty in T un is ia

    A C C E S S T O F O O D , E L E C T R I C I T Y ,W A T E R , M E D I C I N E A N D F U E LFamilies have told Amnesty International that in the Nafusa Mountain area there is anincreasingly serious shortage of basic necessities. Food, fuel and medical supplies fromTunisia have been severely restricted since attacks started on 14 April 2011 on the pavedroads leading to areas control led by al-Gaddafi forces, and travell ing on unpaved back roadsescorted by thuuwar has become unsafe.People told Amnesty International of dwindling food supplies, particularly fresh produce andbaby milk. They said that water was running short as al-Gaddafi forces had deliberatelydestroyed some water wells and that the main water wells, in areas controlled byal-Gaddafiforces, were damaged.Internet and phone networks have been disrupted since the start of the unrest. Electrici ty wasreported to have been cut by al-Gaddafi forces after they surrounded the area, although thethuuwar partly re-established supplies using generators. However, generators depend on fuelthat is in short supply because of the siege. Residents also reported shortages of qual i fiedmedical personnel and medicines.A woman from Zintan told Amnesty International that shells from al-Kashaf barracks had hithouses in the Beshima neighbourhood of Zintan. She said that families were initially movedto school buildings, then to the university buildings, and then to houses hosting otherhomeless families. After shelling began from the north of the city, some families decided toflee to Tunisia:"We didn't have city water; it was cut when the problems started. Wehad little water intankers that we have saved during the rainy season. We had li ttle food, we were economizing.Children do not have enough milk, as supplies through Tunisia are stopped due to attacks onthe roads. My mother is sick, she has a cancer, and in Zintan we could not find anymedicines for her. She also needed an urgent surgery. We waited a few days to make it toTunisia; we were told several times that the road was not safe. Wehave to go first to Nalutwhere we stayed two days. And then we arrived here [Ohehiba] on 12April 2011."The siege continues to prevent suppl ies and aid from Tunisia from reaching Nafusa Mountainand the already dire situation looks set to deteriorate further. The repeated attacks andbattles to control Wazin, 3km from the Tunisian border, also show the determination of al-Gaddafi troops to interrupt the exodus of people to Tunisia and to cut off supplies to thebesieged towns.

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    L ibya 11D is ap pe ara nce s in th e b esie ge d N afu sa M ou nta in a s th ou sa nd s s ee k sa fe ty in T un is ia

    I N T E R N A L D IS P L A C E M E N TMany people from Nafusa Mountain have beendisplaced several times because of attacks andshell ing. Famil ies have also fled as rumours spreadof sexual assaults by al-Gaddafi troops andmercenaries in besieged and retaken cities andvi llages. Amnesty International has not been able toconfirm these al legations or interview any survivors ofsuch attacks.A mother from Zintan who fled to Dhehiba camp withher two daughters aged 15 and 16 told AmnestyInternational:

    "We did not partic ipate in the demonstrations, oursociety is conservative. When the first offensivestarted our father took us to Tiji area. Ten days later,the offensives stopped in Zintan and the situationbecame calm; we were taken back."Three days later, the shells started and hit ourhouse. Fortunately none of us was harmed. Weweretaken to Rehibat. In Rehibat there are both sides, T op a nd a bo ve , D he hib a y ou th h os te l Amnestythose who support al-Gaddafi and those who do not. InternationalBut they managed to l ive together until al-Gaddafiforces, about 17days after our arrival, deployedthere. We were obl iged to move again."We went to Nalut: we spent one night hosted by the community, and then we fled to Tunisiaseeking a safe place. I am taking my daughters, for fear that something bad will happen tothem, we have heard about women and girls being raped in other cities in the east and afteroffensives at the hand of mercenaries ... Wea lso heard about rapes that took place in Kiklaand Zintan. "

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    12 L i b y aD is ap pe ar a nc es in th e b es ie ge d N a fu sa M o u n ta in a s th ou sa nd s s ee k s afe ty in T u n is ia

    P R O T E S T S I N N A F U S A M O U N T A I N

    D h eh ib a: P r o te st in U A E R e d C re sc en t c am p A m n e s ty I n t er na tio n a l

    In the main towns in Nafusa Mountain - in Zintan,Nalut and Yefren - protests started between 16 and20 February 2011, reportedly in support of the callsmade by the Benghazi-based opposit ion for greaterfreedoms and against the ki llings and detentions ofdemonstrators in eastern Libya. They alsocondemned corruption and the marginal ization of theAmazigh population in the Nafusa Mountain area,demanding improved infrastructure, education andhealth care. Eyewitnesses reported that protesterslooted and set fire to the premises of theRevolutionary Committees, Internal Security Agencyand police in several towns and vi llages. People toldAmnesty International that these institutionsrepresent 40 years of repression and human rightsviolations.In Zintan, for example, protests began on 16February 2011. Youths and men marched towardsthe al-Souk area in the centre of the town and thengathered at a roundabout, chanting slogans insupport of the Benghazi-based opposit ion. Between1pm to 4pm, the demonstrators set fire to thepremises of the local Revolutionary Committee,pol ice station and Internal Security Agency.According to an eyewitness, there were no casualt ies.The demonstrators then returned to the roundabout.At around 5pm, anti-riot forces and police tried todisperse the gathering using tear gas and sticks, butno firearms, as far as Amnesty International candetermine. The demonstrators retaliated by throwingstones at the securi ty forces, who apparently fled.About 600 demonstrators then staged a sit-in at theroundabout and erected tents. Early the next

    morning, at around 3am on 17 February 2011, eyewitnesses told Amnesty International thatmembers of the Revolutionary Committees arrived in armoured cars carrying pistols andkalashnikov ri fles. They fired several times in the air, and at gunpoint took away 16 protestersto an unknown destination. Demonstrations continued for the next four days, demanding inparticular the immediate release of the 16 detainees.Sentiment against Colonel al-Gaddafi intensified and demonstrators began demanding theend of his government. The flag of the Socialist People's Libyan Arab Jamahir iya wasreplaced by one endorsed by the opposition, and all symbols linked to al-Gaddafi rule were

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    L i b y a 13D is ap pe ar a nc es in th e b es ie ge d N a fu sa M o u n ta in a s th ou sa nd s s ee k s afe ty in T u n is ia

    burned or destroyed.On 22 February 2011, following negotiations between tribal leaders and the RevolutionaryCommittees, the 16 detainees were released. Several bore marks of torture and other il l-treatment, including physical assaults that they said were infl icted by security forces inTripoli.A 32-year-old man injured during fighting on 15 April 2011 in Zintan, and who participatedin demonstrations from the beginning, told Amnesty International:"We Amazigh living in Nafusa Mountain have been discr iminated against for 40years. Wecan't speak our language, we can't give Amazigh names to our children ... Whendemonstrations started, we took the opportunity to express our anger against a regime thatoppressed us for so long. Libya is full of resources, but no infrastructure, no services. Whatfuture is al-Gaddafi offering to our children? Nothing but ignorance ... I joined the thuuwarand got injured. I would like to offer better future for my children."

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    14 L ibyaD is ap pe ara nce s in th e b esie ge d N afu sa M ou nta in a s th ou sa nd s s ee k sa fe ty in T un is ia

    E N F O R C E D D IS A P P E A R A N C E SSince 21 February 2011, al-Gaddafi forces have been deployed at military barracks in al-Kashaf forest about 20km north-east of Zintan, and have set up several checkpoints. Theseforces have searched famil ies and apparently arrested several men and teenagers under 18.Nafusa residents bel ieve that soldiers have the names of people involved in the protests, orare arresting people for their al leged support of the opposition or for organizing supplies tothe besieged cities.Family members told Amnesty International of relatives who were detained byal-Gaddafiforces when they ventured beyond the opposition strongholds to buy petrol or basicnecessities and whose fate or whereabouts remain unknown. They said that others weresubjected to enforced disappearance on their way to or from Tripoli . Some of the disappearedhave subsequently appeared on Libyan state television "confessing" to being pressured to actagainst the country's best interests, but most have simply vanished. Amnesty Internationalhas met relatives of several of the disappeared, but must withheld their names for fear ofreprisals against them and their families.A man told Amnesty International that his brother, a 37-year-old father from Nalut, togetherwith a relative and a friend, "disappeared" after he drove south from Nalut to Tiji to get spareparts for his car in early March 201l. When he did not return, his family started calling himrepeatedly. He eventual ly answered, hasti ly saying: "I am going to Tripoli , take care of thekids." Since then his phone has been switched off. His family believes that he is being heldin Ain Zara Prison in Tripoli . His distraught brother showed Amnesty International delegates avideo of his brother waving the opposition flag during peaceful protests in Nalut, just daysbefore his apparent enforced disappearance.In another case, a man in his fifties was driving from Yefren on 26 March 2011 to get petrolin Gherian, a town controlled by al-Gaddafi forces, when he was stopped at a checkpoint. Hewas on the phone with his wife as he approached the checkpoint, but his phone wassuddenly disconnected. Since then, his wife and five children have had no news of hiswhereabouts. Prior to his disappearance, he had been distributing goods to families inYefren.People from Zintan have also related similar experiences to Amnesty International. Forinstance, a 37-year-old married man was stopped at a checkpoint in Gherian while drivinghome from Tripoli on 21 February 201l. Since then, his relatives have been unable to tracehis whereabouts.A man from Nalut who sought refuge in Remada Camp said that his brother and uncle - bothfathers in their early thirties - left Nalut to go to Tiji to buy fuel on 27 February 2011, butnever came back. Three days later the family was told that the two men were first detained inSalaheddine Prison and then Abu Salim Prison, both in Tripoli. The man also said that inearly March 2011, two male neighbours aged 30 and 35 who went to Tiji to buy fuel alsodisappeared. Three days later, he said, another man from Nalut went to Tripoli to bring hisfamily home, fearing for their safety there, but never reached them. His wife, who was

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    L ibya 15D is ap pe ara nce s in th e b esie ge d N afu sa M ou nta in a s th ou sa nd s s ee k sa fe ty in T un is ia

    aw aiting h im in T ripo li, la s t rece ived a phone ca ll from h im a t the T iji che ckp o in t.A w om an from a l-Q a laa to ld Am nes ty I n te rna tiona l tha t he r 29 -ye a r-o ld son - in - law wasapp rehended by a l-G adda fi fo rce s o n 21 Feb rua ry 2011 in the a rea o f N ew a l-Q a laa w h ile hew as ou t w ith friends , and tha t the re had been no new s o f h im s ince the n . T he fr iendsm anaged to escape .A mnes ty In te rna tion a l has docum en ted num erous cases o f en fo rced d isappea rances ac rossL ibya in the bu ild -u p to the p lanned p ro tes ts on 17 Feb rua ry, an d such abu ses becam e m orefre quen t as th e un res t in ten s if ied . T h is pa tte rn o f se rious hum an righ ts v io la tion isrem in iscen t o f the 1990s , w hen w idesp read en fo rced d isappea rances took p lace o f peop lebe lie ved to oppose C olone l a l-G adda fi o r to be m em be rs o f Is lam is t g roups . The fa ilu re o f theau tho rit ie s to inves tiga te these pas t c r im es and b ring those respons ib le to jus tice se rve as as tro ng rem inde r tha t im pun ity in va riab ly lea ds to repe tit ion o f c r im es .

    P R O H I B I T I O N O N E N F O R C E D D IS A P P E A R A N C E SArticle 2 o f t he I nt er na ti on a l C o n v en ti on f or t he P r ot ec tio n o f a ll P e rs o ns f rom E n fo rc e d D i sa p pe a ra n ce d e fin e sa n e nf or ce d d is ap pe ar an ce a s " th e a rr es t, d ete n tio n, a bd uc tio n o r a ny o th er fo rm o f d ep riv at io n o f lib e rt y b ya ge nt s o f t he S ta te o r b y p er so ns o r g ro up s o f p ers on s a ctin g w it h t he a u th or iz at io n , s up po rt o r a cq uie sc en ceo f t he S ta te , fo llo w ed b y a re fu sa l to a ck n ow le d ge th e d ep riv at io n o f lib e rt y o r b y c o n ce alm e n t o f th e fa te o rw h ere a bo uts o f th e d is ap p ea re d p er so n, w h ic h p la ce s uc h a p e rs on o u ts id e th e p ro te ct io n o f t he la w ." L ib ya isn ot a p a rt y to t he C o nv en tio n, w h ic h c a m e in to f orc e in D e ce m be r2010 .H o w ev er, as a s ta te p ar ty t o t he I nte rn at io na l C o ve na nt o n C iv il a nd P o lit ic al R ig ht s, L ib ya is o blig ed t op re v en t a rb itr ar y a rr es t a nd d et en tio n; t o r es pe ct th e rig ht s o f t ho se a rre st ed t o b e p ro m p tly in fo rm e d o f th ec ha rg es a ga in st t he m ; t o b rin g t he m b e fo re th e ju dic ia l a uth o ritie s w it hin a r ea so na ble tim e ; a nd t o a llo wt hem t o c h all en g e t he la w fu ln e ss o f t he ir d e te n ti on ( A rt ic le 9 ).L ib y an le g is la ti on i nc lu d es s ome s a fe g ua rd s a g ai ns t e n fo rc e d d is a pp e ar an c e a n d a rb it ra ry d e te n ti on . F o rin s ta n ce , L a w No . 20 o f 1991 o n t he P ro m ot io n o f F re ed o m in clu de s a n um b e r o f p rin cip le s in te nd e d t og u ar an te e t he p ro te c ti on o f h uma n r ig h ts in t he a dm in is tr at io n o f ju s tic e . F o r e x amp le , A r ti cle 1 4 s ti pu la te s :" N o o n e c an b e d e p riv ed o f h is f re e do m , s e arc he d o r q ue st io ne d u nle ss h e h a s b ee n c h arg ed w it h c omm i tt in ga n a ct th at is p un is ha ble b y la w , p urs ua nt to a n o rd er is su ed b y a c om p ete nt c ou rt, a nd in a cc ord an ce w itht he c on dit io n s a nd t im e lim its s pe cifie d b y la w ." T h e s a m e a rt ic le s ta te s: " Ac cu se d p er so ns m u s t b e h e ld inc us to dy a t a k n ow n lo ca tio n, w h ic h s ha ll b e d is clo se d to t he ir r ela tiv es , f or t he s ho rt es t p er io d o f t im e r eq uire dt o c o nd u ct t he in v es tig a tio n a n d s e cu re e v id e nc e ."Article 7 o f t he R omeS t at ut e o f t he I nt er na ti on a l C r im i na l C o u rt , w h ic h r ef le c ts c u s toma ry in te rn a ti on a l la w ,m a k es c le ar t ha t w h en e nfo rc ed d is ap pe a ra nc es a re c omm it te d a s p art o f a w id es pr ea d o r s ys te m at ic a tt ac kd ir ec te d a ga in st a c iv ilia n p op ula tio n, w it h k n ow le dg e o f th e a tta ck , t he y c on st it ut e c rim e s a ga in st h um a n ity .

    Index :MDE 1 9 / 0 2 0 1 2 0 1 1 Amne s ty In te rna t iona l May 2011

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    16 L ibyaD is ap pe ara nce s in th e b esie ge d N afu sa M ou nta in a s th ou sa nd s s ee k sa fe ty in T un is ia

    R E C O M M E N D A T I O N S

    D h eh ib a: Y ou th h os te l Amnes ty In te rna ti o na l

    A m n e s t y I n te rn a t io n a l c a l l s o n t h e a u t h o ri t i e s i n T r i p o li t o : Ensure that forces under their control do not carry out direct attacks against civilians orcivilian objects, or attacks that do not distinguish between military targets and civilians orcivilian objects (indiscriminate attacks); or attacks which, although aimed at a legitimatemil itary targets, have a disproportionate impact on civil ians or civil ian objects; Ensure that government forces do not use inherently indiscriminate weapons, includingcluster weapons, anti-personnel landmines and Grad rockets; and end the use of arti llery andmortars in residential areas; Lift arbitrary restrictions to access to water, electricity, fuel and other basic necessitiesin the Nafusa Mountain towns and vil lages; Ensure that the families and lawyers of those detained are informed immediately of theplace of detention and the specific al legations against the detainees, and al low immediateindependent access to these places of detention;

    AmnestynternationalMay2011 Index:MDE1 9 / 0 2 0 / 2 0 1 1

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    L ibya 17D is ap pe ara nce s in th e b esie ge d N afu sa M ou nta in a s th ou sa nd s s ee k sa fe ty in T un is ia

    Immediately and unconditionally release all those detained solely on account of theiropinions or peaceful activities in support of the protests or opposition, and guarantee themsafe passage to their homes; and Take immediate steps to ensure that any alleged or known fighters captured are treatedhumanely in accordance with the requirements of international law and ensure that theirfamilies are informed of their capture and place of detention and are allowed to communicatewith them.A m n e s ty I n te rn a t i o n a l c a l l s o n t h e a u t h o r i t ie s i n T r i p o l i a n d o th e r p a r t i e s t o t h e c o n fl i c t t o : Take all necessary measures for the immediate establishment and operation of effectivehumanitarian corridors enabling urgently-needed supplies and humanitarian workers to reachthe affected populations, including through the establishment of neutral zones andnegotiated routes, clear ly defined in terms of space, time and scope; Take all necessary measures to ensure that any civilian wanting to leave the country beimmediately allowed safe passage in dignity and safety; In allowing safe passage and providing humanitarian assistance, be mindful of theneeds and risks of those who may have greater difficulties in Libya and at the borders,including famil ies with young chi ldren, unaccompanied or separated minors, women at risk ofphysical, sexual or psychological violence or exploitation, survivors of torture, people withurgent medical or other special needs, the disabled and the elderly, and refugees andasylum-seekers; and Guarantee unfettered access to UNHCR and other humanitarian agencies in Libya.A m n e s ty I n te rn a t i o n a l c a l l s o n t h e I n te rn a t i o n a l C o m m u n it y i n a s p i r i t o f r e s p o n s ib il i t y a n db u rd e n s h a r i n g w i t h t h e T u n is ia n a u t h o ri t i e s t o : Maintain open land, air and sea borders, including through the creation of neutral zonesand negotiated routes. Allow anyone fleeing Libya immediate access at the border - be it aland, air or sea border - without discr imination and irrespective of their background; Commit the necessary resources in response to calls from UNHCR and the InternationalOrganization for Migration (10M) for additional assistance to continue carrying out therepatriation of foreigners fleeing Libya; andRespond immediately and generously to UNHCR's call for an emergency resettlement effortby offering resettlement places to assist in meeting the protection needs of refugees andasylum-seekers in Libya and in neighbouring countries which do not have protection andassistance systems in place.

    Index:MDE1 9 / 0 2 0 1 2 0 1 1 AmnestynternationalMay2011

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    18 LibyaDisappearancesnthe besiegedNafusaMountainasthousandsseeksafetyin Tunisia

    E N D N O T E S1 United Nations Office for the Coordinat ion of Humanitarian Affa irs (OCHA), "Humanitarian update-Nafusa Mountains", 3 May 2011:http://northafrica.humanitarianresponse .info/Porta Is/O/Reports/M israta%20Fact%20Sheets/OCHA %20Li bya%20Nafusa%20Mts%20Factsheet%20-20%20May.pdf, accessed 22 May 2011.2 Amnesty International, "Libyan Prisoner Tortured" ( Index: MDE 19/002/2011),4 February 2011:http://www.amnesty.org/en/library/info/MDE19/002/2011/en, accessed 23 May 2011.3 The forest al-Kashaf is 7km north-east of Zintan.4 Zintan is 170km south-west of Tripoli and 100km south-west of Gherian.5 That day, about 40 military trucks and armoured cars armed with anti-aircraft weapons were seenaround 30km north of Zintan.6 Yefren is 135km south-west of Tr ipoli .7 Nalut is 200km south-west of Tripoli and 63km from the border town of Dhehiba in Tunisia.8 AI-Qala is a cluster of four vi llages: al-Qalaa Dhaher, al-Qalaa al-Ulya, al-Qalaa ai-Wadi and al-Qasba.9 Arrujban is 29km west of Zintan.10 Jadu is 30km west of Zintan.11 Kikla is 25km west of Yefren and 60km east of Zintan. Troops loyal to Colonel al-Gaddafi took controlof the town on 4 April 2011.12 Takut is 19km north of Nalut.13 Rehibat is 50km south-west of Zintan.

    A m n e st y I n te rn at io na l M a y 2 01 1 I n de x: M D E 1 9 / 0 2 0 / 2 0 1 1

    http://northafrica.humanitarianresponse/http://www.amnesty.org/en/library/info/MDE19/002/2011/en,http://www.amnesty.org/en/library/info/MDE19/002/2011/en,http://northafrica.humanitarianresponse/
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    A M N E S T YI N T E R N A T I 0 N A L

    www.amnesty .org

    http://www.amnesty.org/http://www.amnesty.org/