Título:  LIBYA: BARRED FROM THEIR HOMES: CONTINUED DISPLACEMENT AND PERSECUTION OF TAWARGHAS AND OTHER COMMUNITIES IN LIBYA
Índice AI:  MDE1901113
Referencia:  MDE1901113-25345
Editor:  Amnistía Internacional
Autor:  Amnistía Internacional
Fecha publicación:  20131023
Tema principal:  LIBIA
Descriptores:  Desplazados internos · Discriminación racial · Detención arbitraria · Conflicto armado · Detención administrativa · Desaparición forzada · Hostigamiento · Entidades no gubernamentales · Tortura y malos tratos · Homicidio ilegítimo
Resumen / Descripción:  A mediados de agosto de 2011, en el apogeo del conflicto armado en Libia, toda la población de Tawargha - unas 40.000 personas - se vio expulsada de su casa por las milicias anti-Gaddafi. Dos años después, los Tawarghas y otras comunidades desplazadas siguen esperando justicia y reparación. Muchos siguen siendo objeto de discriminación. En total, alrededor de 65.000 personas se encuentran desplazadas internamente a través de Libia, no sólo Tawarghas, también los miembros de la tribu Mashashya de las montañas de Nafusa, y los residentes de Sirte y Bani Walid.
Grado de seguridad:  Nivel 1
Subtipo de documentos:  Informe temático
Tipo de documento:  Documentación
Idioma:  Inglés
Enlace:  Norte África · Libia · Crisis MENA · Refugiados
Texto:      

                                                 BARRED FROM THEIR HOMES THE CONTINUED DISPLACEMENT AND PERSECUTI
ON OF TAWARGHAS AND OTHER COMMUNITIES IN LIBYA

           Amnesty International is a global movement of more than 3 million supporters, members and activists in
 more than 150 countries and territories who campaign to end grave abuses of human rights.           Our vision i
s for every person to enjoy
all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standa
rds.
           We are independent of any government, political ideology, economic interest or religion and are funded
 mainly by our membership and public donations.

           First published in 2013 by Amnesty International Ltd Peter Benenson House 1 Easton Street London WC1X 
0DW United Kingdom
           ©Amnesty International 2013
           Index: MDE 19/011/2013 English Original language: English Printed by Amnesty International, Internatio
nal Secretariat, United Kingdom
           All rights reserved. This publication is copyright, but may be reproduced by any method without fee fo
r advocacy, campaigning and teaching purposes, but not for resale. The copyright holders request that all such us
e be registered with them
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           Cover photo: A man sits at a camp for refugees from Tawargha in Benghazi, January 31, 2012. ©REUTERS/E
sam Al-Fetori
           amnesty.org

              CONTENTS

              Introduction.......................................................................................
..........................4

              Missing, disappeared and detained..................................................................
.............10

              The struggle to lead a normal life.................................................................
.................19

              In search of durable solutions.....................................................................
.................24

              Recommendations....................................................................................
..................29

              Endnotes...........................................................................................
........................32

                       4 4    BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and other
 communities in Libya
                       INTRODUCTION On 25 June 2013, a group of around 100 people tried to return to their home t
own of Tawargha, some 40 km from Misratah, from where they had fled in terror in August 2011 during the armed con
flict that ended the rule
of Colonel Mu’ammar al-Gaddafi. Frustrated by the failure of the post-Gaddafi governments to find a solution to t
heir forcible displacement, improve their temporary living conditions, combat persistent threats and attacks agai
nst Tawarghas and find a
safe way for them to return home, they defied advice by prominent Libyans to postpone their return for fear of re
prisals by militias from nearby Misratah.  The small groups of Tawarghas set off in the early hours from their ma
keshift homes in the
eastern city of Benghazi, driving in convoy towards their home town. A delegation of elders in Ajdabya, some 150k
m west of Benghazi, stopped them and convinced them to abandon their plans. The elders promised to negotiate a so
lution that would allow
displaced Tawarghas to return home in safety at a later stage. In the evening of that same day, a smaller group o
f 30 Tawargha families, who had been living in the southern city of Sabha, was stopped by another group of elders
 some 30km from Jufra near
Misratah. This group too was persuaded to turn back to avoid bloodshed. And so continued the prolonged forcible d
isplacement of the entire population of Tawargha, some 40,000 people.1

                       For months, the displaced community of Tawargha had been planning their peaceful return ho
me. They sought the support of the government, Libya’s tribal leaders and the General National Congress (GNC), Li
bya’s first elected body,
but were left with empty promises and without concrete action. They eventually abandoned their plans when, days b
efore they were due to set out, Prime Minister Ali Zeidan urged them to postpone their return until a solution fr
ee from potential
confrontation was found. While the Prime Minister recognized the constitutional right of Libyan citizens to live 
anywhere in Libya in “ordinary circumstances”, and the right of Tawarghas to return to their home town, he also a
cknowledged the right of
Misratah residents to have reservations about their return, given “what happened in Misratah” – referring to war 
crimes committed in the city in 2011.2  By doing so, the Prime Minister seemed to acquiesce to a policy of collec
tive punishment of the
entire Tawargha community for crimes allegedly committed by a few, at least until reconciliation is reached. In m
id-August 2011, at the height of Libya’s armed conflict, everyone living in the town of Tawargha  was driven out 
by anti-Gaddafi militia,
who vowed Tawarghas would never be able to return. The militia accused the Tawarghas, a community of black Libyan
s, of supporting Colonel al-Gaddafi’s government and of committing war crimes in Misratah on its behalf. Al-
                       Gaddafi forces had used the Tawargha area, 40km south-east of Misratah, as a base when the
y laid siege to Misratah in 2011.3 For three months, Misratah residents were cut off from electricity and water a
s the city became the scene
of the conflict’s most heavy fighting. Hundreds of civilians died in air strikes and rocket attacks; many more we
re injured. Allegations of rape and sexual abuse by al-Gaddafi forces in Misratah exacerbated tensions between th
e neighbouring towns.4
Amnesty International October 2013           Index: MDE 19/011/2013

                                                         BARRED FROM THEIR HOMES  5 Continued displacement and pe
rsecution of Tawarghas and other communities in Libya Once they gained control of the area in August 2011, anti-G
addafi fighters from
Misratah struck back, seemingly driven by revenge. They attacked the town of Tawargha using indiscriminate weapon
s such as GRAD rockets in what appeared to be a deliberate campaign to target and collectively punish Tawargha’s 
civilian population. They
fired at some of those trying to escape, and detained Tawarghas who remained or ordered them to leave. After the 
anti-Gaddafi forces had emptied the area, the militias looted, vandalized and burned down homes. The burning and 
looting of homes continued
after the conflict ended on 23 October 2011. Today, Tawargha is still a devastated ghost town.5

              The Tawargha community remains scattered across Libya. According to the Head of the Local Council o
f Tawargha, a body formed after the conflict to represent the displaced community, some 18,000 Tawarghas fled to 
Benghazi and 13,000 sought
refuge in Tripoli. Most live in poorly resourced makeshift camps. A further 7,000 Tawarghas live in Sabha in the 
south, in addition to smaller numbers in Sirte in the north, Tarhouna and Khoms in the west, Jufra in the centre,
 and Ajdabya in the east.
Libyan authorities say that over half of the country’s 65,000 internally displaced people are from Tawargha.6 Oth
ers include residents of the Nafusa Mountain area, mainly the Mashashya tribe (see box below); as well as residen
ts of Sirte and Bani Walid;
and Tuaregs from Ghadames. All were driven out of their homes by militias because of their alleged support for al
-Gaddafi forces during the conflict in 2011 and have so far not returned home for fear of reprisals. As of Octobe
r 2013, the authorities
were only able to ensure the safe return of some 530 families displaced from western Riyayna, a town in the Nafus
a Mountain area, whose residents were accused by the neighbouring town of Zintan of collaboration with the al-Gad
dafi forces in May 2011.
According to the Office of Displaced Persons Affairs, their return was negotiated by tribal elders from Zintan an
d Riyayna as well as former “revolutionaries”, as anti al-Gaddafi fighters are known in Libya.  At the time of wr
iting, negotiations were
underway to ensure the safe return of approximately 670 families from Gawalish, another town in the Nafusa Mounta
in area, which was burnt and looted by Zintan fighters and whose residents were chased from their homes for their
 alleged support to al-
              Gaddafi during the conflict.  DISPLACEMENT OF THE MASHASHYA I’ve lived here with my family for over
 a year and a half. We are 16 people in total. We fled ‘Awnya on 16 June [2011]; there was a clash between the “t
huwwar7” and the army. At
first, we went to Mizda, then Tripoli and finally to Shgeiga. We arrived together around October 2011. We did not
 have anywhere to live so we decided to settle in this building, which was meant to be a secondary school. There 
were no doors, no windows.
We
              cleaned it, and made it our place. It is really cold here in the winter, and we don’t have any runn
ing water. Recently, members of the Local Council of Shgeiga came to see us, and told us we had to leave the buil
ding. They said that they
wanted to finish building it and finally open the school. They came a few times, but we told them that we have an
ywhere else to go.  Displaced member of the Mashashya community, Shgeiga, 30 April 2013  In June-July 2011, after
 militias from the town of
Zintan gained control of the villages of ‘Awnya, Zawiyat al-
              Bagul and Omer, they forced out the entire resident population who came from the Mashashya tribe. F
amilies fled to Tripoli and the nearby town of Shgeiga, where many people continue to live in dire conditions in 
Index: MDE 19/011/2013
            Amnesty International October 2013

                       6 6    BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and other
 communities in Libya

                       schools, unfinished administrative buildings and metal hangars, which they have been squat
ting since October 2011. More than two years after their displacement, they lack access to running water, heating
 or proper ventilation.
They say that they have not received any governmental help.  The situation is similar for those displaced Mashash
ya who chose to flee in April 2011 due to the fighting between the armed opposition and al-Gaddafi forces. A grou
p of 56 families in Sidi
Salim camp has been living under the threat of forced eviction for months after the owner of the land where they 
had settled in late 2011 started procedures to take back his property. It took protests in front of the Prime Min
ister’s office, and several
interventions by Libyan charitable organizations, for the government eventually to take some action and search fo
r alternative housing for the displaced community.8 Residents of the camp told Amnesty International that they fe
el neglected by the
government: “We are thankful to the owner for giving us housing for this long, and we understand that he has the 
right to his land. But where is the state? Where is the government? It’s time they take responsibility for us; we
 lost our land, our homes;
we lost everything in this war. It’s been over two years, and they have not done anything. It is as if we are not
 Libyans. The municipality does not even come to collect the garbage from the camp, and just look at the sewage w
ater. Can you smell it? It
keeps blocking up”. The homes and belongings left behind by the Mashashya were vandalized, burned and looted. Des
truction continued after the end of the armed conflict. Displaced Mashashya told Amnesty International that they 
still occasionally learn
that their houses have been set on fire. They also said that rockets had destroyed water tanks and the ‘Awnya cli
nic.  Scores of Mashashya were captured in June-July   Mashashya makeshit camp in Sidi Salim area of Tripoli, 28 
August 2011 and detained in
the nearby town of        2013 © Amnesty International

                       Amnesty International October 2013           Index: MDE 19/011/2013

                                                         BARRED FROM THEIR HOMES  7 Continued displacement and pe
rsecution of Tawarghas and other communities in Libya Zintan. Abductions during identity checks by Zintan militia
s continued well after the
end of the conflict. While the majority of detainees were released by mid-October without charge or trial, the fa
te of seven people abducted by militias from Zintan after the end of the conflict remains unknown, despite compla
ints submitted to the GNC
and the office of the General Prosecutor.  Mashashya leaders estimate the total number of internally displaced me
mbers of their community at approximately 10,000, comprising some 1,730 families. A list of forcibly displaced pe
ople from the community was
submitted to the Office of Displaced Person’s Affairs in March 2013, but little has been done to improve their li
ving conditions or find a durable solution to their plight.  Militias from Zintan accused the Mashashya of suppor
ting Colonel al-Gaddafi
during the siege of their town between March and June 2011.9 Mashashya leaders say that the community is being pu
nished because of a longstanding local conflict over land and water. In September 2011, leaders and elders from t
he Nafusa
              Mountain area promised to allow the Mashashya to return home provided that they surrendered their a
rms, handed over wanted people and raised the “independence flag”10 in Shgeiga. The Mashashya say that even thoug
h they fulfilled these
terms, the Libyan authorities have been unable or unwilling to ensure their safe return. Just like the Misratah m
ilitias who threaten Tawargha, militias from Zintan vowed that the Mashashya would never be able to return.    Th
e suffering of the
Mashashya intensified following armed assaults on Shgeiga and Mizda in June 2012. The violence led to 105 deaths,
 according to government estimates, and further displacement. Since then, brigades under the Ministry of Defence 
have been deployed on the
main road in the Nafusa Mountain, but they were unable to prevent violence in Mizda in March 2013 between the Mas
hashya and the Quntrar tribe, which is allied with Zintan. This outbreak of violence led to 15 deaths and tempora
rily displaced 1,000
families. The displaced Mashashya continue to live in fear of abductions and confrontation, and their movement in
 the area is greatly restricted.  During a fact-finding visit to Misratah in April 2013, Amnesty International me
t members of militias and
state security agencies who vowed that they would block any attempt by the Tawargha community to return, implying
 that they would resort to the use of force.  Unable to establish the rule of law and build strong institutions, 
governments appointed since
the end of the conflict have relied heavily on traditional, informal mechanisms to resolve conflicts. Community a
nd tribal elders, prominent figures and various councils of “Wise Men” are used to diffuse tensions between commu
nities. While these tribal
negotiations have in many instances helped to prevent armed confrontations, the grievances and human rights abuse
s underlying these tensions remain largely unaddressed by the Libyan authorities. Amnesty International is concer
ned that, nearly two years
after the end of the conflict, the government continues to prioritize the appeasement of militias over the needs 
of victims of human rights abuses. The authorities have failed to establish effective mechanisms to provide redre
ss, accountability and
truth.  After months of delays, in a vote held on 22 September 2013, the GNC agreed in principle to a Law on Tran
sitional Justice. The draft law is pending a final vote before it can be adopted. It includes a set of legislativ
e, social, administrative
and judicial measures which aim to establish truth, accountability and reparations (including financial compensat
ion, commemoration and rehabilitation) for victims of human rights violations perpetrated by “state-affiliated ap
paratuses” during Colonel
al-Gaddafi’s 42 years in power, and in the Index: MDE 19/011/2013                  Amnesty International October 
2013

                       8 8    BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and other
 communities in Libya

     Mashashya makeshift camp       transitional period following his fall.11
     in Shgeiga, Nafusa Mountain area, 30 April  2013                    The authorities’ failure to take action 
for nearly two years has benefited and emboldened © Amnesty International           perpetrators of human rights 
abuses, including groups
who continue to threaten the Tawargha and other displaced communities. It has led to a situation where they, the 
victims of abuses, have been asked to relinquish their rights and to be “reasonable”, while the militias and othe
rs threatening them have
gone unchallenged. The Tawargha and, to a lesser extent, other forcibly displaced communities, have continued to 
face security problems and threats where they are living, including arbitrary arrest and other reprisals such as 
attacks on their makeshift
camps that affect their ability to lead a normal life. They also face arbitrary restrictions on their freedom of 
movement and impediments to their right to access education.  If members of the Tawargha community have been invo
lved in war crimes during
the conflict, they should be held to account in fair proceedings, like any other individual accused of such crime
s. Justice cannot be selective, and a whole community cannot be collectively punished. Collective punishment is e
xpressly prohibited under
international law.12   The time is long overdue for decisive action to achieve a durable solution for Libya’s int
ernally displaced communities, and justice for the abuses they have suffered. The adoption of the Law on Transiti
onal Justice could be the
first real step towards justice for the Tawargha and other communities.   Amnesty International October 2013     
      Index: MDE 19/011/2013

                                                         BARRED FROM THEIR HOMES  9 Continued displacement and pe
rsecution of Tawarghas and other communities in Libya Amnesty International is calling for urgent action to end a
buses against all displaced
communities in Libya. As a first step, the organization is urging the Libyan authorities to ensure the prompt ado
ption of the Law on Transitional Justice, and all provisions related to internally displaced persons in a manner 
consistent with
international law and standards. In particular, the authorities must:    Take immediate action to end the forcibl
e displacement of all affected communities in Libya, and provide them with a durable solution consistent with int
ernational law and
standards and respectful of their needs, rights and legitimate interests.     Ensure that all displaced persons a
re given the necessary information and resources that will enable them to make an informed and voluntary choice c
oncerning local
integration, the return to their place of origin or resettlement in other parts of Libya. Should displaced commun
ities, including the Tawargha, decide to voluntarily return to their home towns, take the necessary measures to f
acilitate their safe
return, including by providing the assistance to restore their lives.     Provide full and effective reparations 
for abuses suffered by the internally displaced persons, as outlined by the draft Law on Transitional Justice, in
cluding compensation
for material damage, commemoration, and rehabilitation. Ensure also the provision of other types of reparations s
uch as full restitution and guarantees of non-repetition.

                            Index: MDE 19/011/2013                  Amnesty International October 2013

                       10 10   BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and othe
r communities in Libya

     Photographs of dead bodies of Tawarghas who died in unclear  MISSING, DISAPPEARED AND circumstances since th
e beginning of the conflict. Photo  DETAINED exhibition, Camp of displaced Tawarghas, Janzour area of Tripoli, 17
 April 2013
   “White skin will get you out of prison. The thuwwar [revolutionaries] tell us that if a © Amnesty Internationa
l        black person manages to be released, they will be killed.”  Tawargha detainee held in Al-Wahda school in
 Misratah, 20 April 2013
Since the end of the conflict in 2011, Amnesty International has documented the abduction and enforced disappeara
nce of dozens of Tawarghas from different cities. They were taken from checkpoints, camps, streets, homes and eve
n hospitals, and
immediately transferred to detention facilities in Misratah where they were tortured and otherwise ill-treated. S
ome subsequently died in detention. Many remain missing.13 The fate of many others, both civilians and soldiers, 
who went missing during the
conflict, including in combat, also remains unknown. Representatives of the Tawargha community estimate that over
 1,300 Tawarghas are either missing or detained, most likely in Misratah. Testimonies collected by Amnesty Intern
ational suggest that many
were captured and summarily killed. Amnesty International October 2013           Index: MDE 19/011/2013

                                                         BARRED FROM THEIR HOMES  11 Continued displacement and p
ersecution of Tawarghas and other communities in Libya During a fact-finding visit to Libya in April/May 2013, Am
nesty International
delegates met dozens of Tawargha detainees held in state prisons and in facilities effectively run by militias wi
thout state oversight, who said they had been held since 2011 without charge or trial. Many said that they had no
t been interrogated since
their capture. Lawyers from the Tawargha community told Amnesty International that, until May 2013, only about 15
 Tawarghas have been prosecuted out of the hundreds who are detained.  In Al-Wahda prison in Misratah, Amnesty In
ternational delegates met
nine children aged between 16 and 18 from Tawargha who said that they had been held without charge or trial since
 they were apprehended. At the time of the visit, they had been held for up to 20 months without referral to the 
prosecution and without
family visits. An additional six detainees held in the prison told Amnesty International that they were children 
when taken into custody but had since turned 18. Most had been abducted by militias from camps in Tripoli or priv
ate homes in Sirte where
they had sought refuge following their displacement in August 2011.  For example, Ahmad Omar Jumaa, who was born 
on 14 June 1995, was 16 when he was abducted on 10 September 2011 from a displaced persons camp in the Abu Salim 
area of Tripoli. Some 84
men and boys from Tawargha were apprehended on that day, including Ahmad’s father and uncle. Ahmad was taken with
 the group of detainees to Al-Wahda prison in Misratah. In 2012, he was interrogated once by the Supreme Security
 Committee – an umbrella of
armed groups in Misratah – but was not referred to the prosecution. His family told Amnesty International that he
 was transferred to Ras Tuba Hospital in Misratah in early June 2013 following a nose bleed, and was diagnosed wi
th anaemia. On 18 June,
Ahmad Omar Jumaa died in hospital. Two days later, his body was transferred to Tripoli without a forensic report,
 which the family tried to obtain for a week. On 27 June, the family filed a complaint with the police explaining
 that it was unable to
obtain a copy of the report, and requesting a new forensic examination. Despite a prosecution order, the Tripoli 
Medical Centre refused to perform the examination, saying that one had already been performed in Misratah. The ca
se eventually reached the
General Prosecutor, who referred it once again to the prosecution in Misratah. Sceptical of the Misratah authorit
ies’ willingness to co-operate, and frightened that Ahmad’s body would not be handed back to them should they opt
 for a second forensic
examination, Ahmad’s family decided to bury him on 15 July without establishing the exact cause of death. “How co
uld this be possible? Ahmad was a healthy boy before he was abducted; he never complained of any illnesses. Was h
e beaten? Or did they
prevent him from medical care in hospital? We will never know...” – Ahmad’s family told Amnesty International. Ah
mad Omar Jumaa had appeared in good health when the organization interviewed him in Al-Wahda prison on 20 April 2
013.  According to the
family, Ahmad Omar Jumaa’s father, who was also detained in Al-Wahda Prison at the time of his son’s death, was n
ot allowed to visit him in hospital. Ali Abu Al-Qasem Omar, who was born on 7 December 1995, was 16 when apprehen
ded from a relative’s home
in Sirte on 10 October 2011. At the time of Amnesty International’s visit in April 2013, his file had not been pr
ocessed by the prosecution. The Head of the Prosecution in Misratah acknowledged to Amnesty International delegat
es that there was no system
to prioritize the cases of children.  Index: MDE 19/011/2013                  Amnesty International October 2013

                       12 12   BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and othe
r communities in Libya

                       The detention of children in Al-Wahda Prison is contrary to Libya’s obligations under the 
UN Convention on the Rights of the Child and other relevant human rights standards. These require that the arrest
, detention or imprisonment
of a child conform to the law and be used only as a measure of last resort and for the shortest appropriate perio
d of time. When deprivation of liberty is unavoidable, children must be separated from adults and held in a facil
ity that takes into account
the needs of people their age. Children who are above the age of criminal responsibility and are alleged to have 
committed a criminal offence must be treated in accordance with the principles of juvenile justice, in proceeding
s that fully respects the
rights of the child.  The current lawlessness in Libya and the consequential paralysis of the judiciary has had a
 terrible impact on all those deprived of their liberty. Tawargha detainees have been among the worse affected. T
he courts simply have not
been up to the challenge of processing cases of detainees held in relation to the 2011 conflict. In Misratah, the
 cases of only about 185 of some 2,800 detainees have reached the prosecution stage.14 Prosecutors complained to 
Amnesty International of
the difficulties they face, especially when dealing with individuals accused of being al-Gaddafi loyalists, an ac
cusation directed towards many Tawarghas. For example, release orders are not implemented by detaining authoritie
s, and prosecutors and
their homes have been attacked, including with home-made explosives. Such conditions led judicial employees in Mi
sratah to strike for two weeks in April 2013. Legal proceedings have frequently been suspended in other cities as
 well. As a result,
thousands of people, including some held for as long as two years, remain in detention without charge or trial. D
ue to public pressure, the authorities are often unable to order the release of detainees in cases where there is
 insufficient evidence to
press charges. For example, in May 2013, the Military Police in Misratah compiled a list of 78 detainees against 
whom it did not have any evidence of committing crimes or participating in hostilities. To date, these detainees 
have not been released.
Under Article 28 of the draft Law on Transitional Justice, the Ministries of Justice, Interior and Defence are re
quired to refer the cases of all detainees affiliated to the former regime to the prosecution within 90 days of t
he promulgation of the law
in cases where there is sufficient evidence, or allow for their release. The detainees from the Tawargha communit
y, like other detainees, have also been tortured in detention and subjected to poor prison conditions. Although m
any told Amnesty
International that their treatment in prison had improved over time, they also described the torture and other il
l-treatment they suffered in the first period of detention to force them to “confess” to crimes they said they ha
d not committed. Torture
methods cited included whipping, beating with objects such as metal bars and water pipes (known locally as Tube P
PR), and electric shocks. Some say they were forced into hard labour in prison. The victims have had no means to 
challenge the legality of
their detention, report abuses they suffered, or seek redress. Many still carry the scars of the torture they end
ured, and have been denied medical care.15

                       Several videos circulated on social media websites show the torture and other cruel, inhum
an or degrading treatment Tawargha detainees underwent following their capture in 2011. One such video received i
nternational media coverage
and showed a group of Tawargha men held in a cage with their hands tied behind their backs and with green cloths 
stuffed in their mouths. They are watched by a group of men who can be heard shouting, “eat the flag Amnesty Inte
rnational October 2013
     Index: MDE 19/011/2013

                                                         BARRED FROM THEIR HOMES  13 Continued displacement and p
ersecution of Tawarghas and other communities in Libya [referring to the green cloth] you dog, you Tawarghi.”16 A
mnesty International has
not been able to verify this video independently.  LAW ON TORTURE  As a party to both the International Covenant 
on Civil and Political Rights (ICCPR) and the UN Convention against Torture and Other Cruel, Inhuman or Degrading
 Treatment or Punishment
(CAT), Libya has international obligations to prevent, criminalize, investigate and prosecute acts of torture
              and other forms of ill-treatment.  In April 2013, Libya’s GNC enacted a law on torture, enforced di
sappearances and discrimination, which sets a minimum prison sentence of five years for anyone found guilty of in
flicting, or ordering
someone else to inflict, physical or mental suffering against anyone detained under their authority with the aim 
of eliciting a forced confession. Although a welcome step, the law falls short, in terms of the definition and th
e scope of the prohibition,
of the requirements of the CAT. Sadly, even this modest gain in legislation has not translated into actual protec
tion from torture and other ill-treatment for thousands of detainees held in both official and illegal detention 
centres, and more efforts
have to be made for its implementation. Since the end of the conflict, the central authorities have been struggli
ng to assert their power and control various heavily armed militias and powerful coalitions of armed groups which
 refuse to disarm; two of
the largest such networks are the Supreme Security Committee and the Libya Shield, respectively under the Ministr
y of Interior and the Chief of Staff.  Under these circumstances, the ill-equipped police and prosecution have be
en unable to conduct
investigations into human rights abuses. Officials at the Ministry of Justice acknowledged to Amnesty Internation
al in a meeting in August 2013 that no one had been prosecuted under the torture law since it was enacted in Apri
l 2013.    Family visits to
state prisons and unofficial detention centres in Misratah are, in principle, permitted. In practice, however, fa
milies of Tawargha detainees rarely risk a visit because of threats, the likelihood of reprisal attacks by Misrat
ah’s militias, the failure
of the Libyan government to rein in these militias, and its inability to provide Tawargha visitors with adequate 
protection while they are in Misratah. For those families who risk a visit, usually an older female relative goes
 to the detention centre in
the hope that they are less likely to be harassed. Even then, they are not always able to see their detained rela
tive.  The Local Council of Tawargha17 has repeatedly requested a full list of Tawargha detainees from Libya’s ju
dicial authorities but has
not received a satisfactory answer, allegedly because detaining authorities, including those nominally under the 
Ministry of Justice, refused to provide the relevant information.18 Since February 2013, the Ministry of Justice 
has been working on
securing the transfer of all detainees held in Misratah’s recognized detention facilities to the authority of the
 Judicial Police, which falls under the control of the Ministry of Justice. The new “Al-Jawiyah” Prison in Misrat
ah’s former air force base
was inaugurated in August 2013, but at the time of writing only two out of nine prison blocs had been completed, 
and the authorities had managed to secure the transfer of only 289 detainees out of an estimated total of 2,800. 
Many Tawargha families have
been left in the dark about loved ones who went missing in 2011. Besides the mental suffering it causes family me
mbers, this has also had adverse, practical implications on their daily lives. Many families have lost their main
 breadwinners. Some say
that they face discrimination when attempting to register with the Ministry of Index: MDE 19/011/2013            
      Amnesty International October 2013

                       14 14   BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and othe
r communities in Libya

                       Assistance to Families of Martyrs and Missing Persons (see below) to receive financial hel
p. The families allege that their files are often not accepted as they lack death certificates.  According to off
icial statistics, as of 18
June 2013, some 2,516 families of people who went missing during the conflict had registered with the Ministry of
 Assistance to Families of Martyrs and Missing Persons in the hope of receiving assistance – a small fraction of 
the total number of
families of missing people. This is mainly due to a lack of confidence in the Ministry’s approach, which many see
 as discriminatory.  The Ministry is tasked, among other things, with collecting data on “martyrs” and persons wh
o went missing during the
conflict; assisting with the identification of mortal remains and providing the families with care including mora
l support and training; and ensuring that those families receive access to healthcare, education and financial as
sistance defined by decree
85 of 2012 issued by the Cabinet of Ministers.19 A monthly allowance of 500 Libyan dinars (LYD, approximately US$
407) payable to each family of a “martyr” was set in addition to an allowance of 100 LYD (approximately US$82) gi
ven monthly to each
dependent. The decree further stipulates that the families of missing persons are granted 500 LYD on a monthly ba
sis, but does not provide for an additional allowance payable to the dependants of missing persons, as is the cas
e with those considered as
“martyrs.” In addition to financial compensation, the Ministry appears also to give preferential treatment in ter
ms of other forms of reparations, such as public commemorations, to the families of those considered as “martyrs.
” While Decree 85
establishes a set of symbolic reparations to provide moral support to the families of martyrs, including the esta
blishment of “Martyrs’ Day”, erecting a monument to commemorate the “martyrs of the revolution” and awarding fami
lies the “Order of
Martyrs”, it fails to provide the same symbolic recognition to the suffering of the families of missing persons.2
0

                       Out of the 2,516 registered families of missing persons, only about 500 are receiving the 
monthly allowance.21 Families of those perceived as having supported al-Gaddafi forces during the conflict, as is
 the case with the
Tawargha, were only granted financial assistance during the first four months of the Ministry’s scheme, after whi
ch their allowance was halted, seemingly without any reason other than their perceived allegiance to Colonel al-G
addafi. Because the
Ministry’s mandate is only limited to the conflict period, scores of families of those who were subjected to enfo
rced disappearance by numerous militias after October 2011 are not entitled to any assistance, be it financial or
 moral support.  For
example, Saleh Kheiri Youssef, a soldier with al-Gaddafi’s Khamis Brigade then aged 26, went missing in April 201
1 while stationed in Tripoli. At the time, the family received a note from his military unit confirming that he w
as missing. When the
conflict ended, the family registered with the Ministry of Assistance to Families of Martyrs and Missing Persons,
 and was initially given the same financial assistance as other families of missing people. In July 2012, however
, the assistance ended.
Saleh’s mother Sadia told Amnesty International, “It is only because we’re from Tawargha.”  In January 2013, Tawa
rgha leaders received from undisclosed sources in Misratah photographs of dead bodies of Tawargha men who had die
d since the beginning of
the conflict in unclear circumstances, allegedly also following capture by militia from Misratah. Some 93 family 
members identified their loved ones from the photographs, but many have Amnesty International October 2013       
    Index: MDE 19/011/2013

                                                         BARRED FROM THEIR HOMES  15 Continued displacement and p
ersecution of Tawarghas and other communities in Libya been unable to obtain death certificates or any clarificat
ion of the circumstances of
the death.  Amnesty International interviewed a woman who said that she had identified one of her brothers in the
 photographs. The last time the family saw him was in August 2011 in Tawargha before he went back to Sirte where 
he worked as a police
officer. The sister went looking for him in Sirte in September 2011 after the family received a phone call saying
 that a group of men from Tawargha had been apprehended and that her brother had been killed. The only informatio
n she found was from a
hospital that her brother had sometimes been assigned to guard. The hospital director told her that her brother h
ad come in with a bullet wound to his arm but that he was treated and was fine. The hospital had no other informa
tion of his whereabouts.
She told Amnesty International, “For months we did not know what happened to him. I went looking for him in Sirte
 and they were helpful at the hospital where he sometimes worked but they did not know where he was. And then a f
ew months ago I saw him for
the first time in the photo – dead.” The woman’s three other brothers are all detained in Misratah.  Another woma
n explained to Amnesty International that she was unable to register with the Ministry of Assistance to Families 
of Martyrs and Missing
Persons even though she had identified her husband’s dead body in a photograph. Jubeir Mohammad Jubeir Ishtiwi ha
d been captured by a “revolutionary brigade” from Misratah on 20 August 2011 as he was leaving the Zubeir Ibn al-
Awwam Mosque in the Abu
Salim neighbourhood of Tripoli where he lived. Jubeir’s wife recounted the family’s experience to Amnesty Interna
tional: “We came to Tripoli in February 2011 to find refuge; we rented a house, and Jubeir immediately started wo
rking as a baker to support
us. He was not a fighter, and had nothing to do with the revolution.” Following Jubeir’s detention, his wife spok
e to someone who answered her husband’s mobile phone. “A drunk person answered and told me that he and other ‘rev
olutionaries’ had killed
Jubeir two to three days after they had captured him”, she continued. On 16 December 2011, Jubeir Mohammad Jubeir
 Ishtiwi’s cousin identified his body in a photograph, which had been placed in a mosque. The photograph included
 Jubeir’s name and grave
number. Unofficially, his wife learned later that he had been buried in the Jannat cemetery in Misratah. On 31 De
cember 2011, the cousin filled out a “deceased person’s form”, where he acknowledged identifying the dead body of
 Jubeir buried on 29
September 2011 in grave number 421. Jubeir’s wife identified his body for a second time in a batch of photographs
 of dead bodies given to the Local Council of Tawargha in December 2012. Since then, she has been unsuccessfully 
trying to obtain her
husband’s death certificate, which she says is required to obtain financial assistance. The authorities have fail
ed to retrieve her husband’s body or confirm his death.   Members of the Tawargha community continue to be at ris
k of arbitrary detention,
especially outside camps, although to a lesser extent than in the immediate aftermath of the conflict. In January
 2013 a man (name withheld at the family’s request) who lived with his family in a camp close to Tripoli airport 
was abducted while he was
driving back after having taken his children to school. Eyewitnesses told his family that he was stopped at a gas
 station by people in cars with darkened windows who then took the man and his car. His family has not seen him s
ince. They filed a
complaint at the police station and have searched for him, but have heard nothing.   Index: MDE 19/011/2013      
            Amnesty International October 2013

                       16 16   BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and othe
r communities in Libya

                       Monji Hmeid Abdallah, a 25-year-old accountancy student, was abducted by an armed brigade 
at 7pm on 8 December 2012 as he was leaving his school in the Ain Zara area of Tripoli. He was abducted together 
with a friend, also of
Tawargha origin, and both were allegedly taken to Misratah. At the time of Amnesty International’s interview at t
he end of July 2013, Monji’s family had not had any contact with him and his whereabouts remained unknown.  At ar
ound 8pm on 3 June 2013,
members of the Misratah Eagles’ Brigade apprehended a resident of Janzour camp, aged 27 (name withheld at the ind
ividual’s request), at a checkpoint near camp 17, west of Tripoli, while he was on his way to visit his aunt in t
he Siyad area on the
outskirts of Tripoli. At the time of Amnesty International’s interview with his family on 1 July, his whereabouts
 remained unknown. The family reported the incident to the Department of Combating Crime in Janzour, but said tha
t no investigation into the
disappearance had been initiated. He was released 40 days later, without charge or trial.  At about 6:30pm on 24 
August 2013, Hussein Saleh ‘Ajaj, aged 65, caused a car accident on the Coastal Road near Janzour. As he was wait
ing for friends to help him
take his damaged car back to Janzour Camp where he resides, he was questioned by the Libya Shield Brigade from Mi
sratah. At 9pm he was taken to the headquarters of the General Chief of Staff in Salah Al-Din area of Tripoli to 
give a statement. He called
his wife to inform her of his whereabouts, and was allowed to make another phone call the next morning at 8am, af
ter which he went missing. Hussein’s wife expressed her feeling of helplessness to Amnesty International, “I trie
d calling him an hour
later, but his phone was off. I tried again and again. It’s now been seven days [at the time Amnesty Internationa
l delegates met with her] that I have not heard from him. I went to look for him at the General Chief of Staff he
adquarters, but was told
that he is not there. On the third day, I went to report his disappearance at the police station in Janzour. The 
police officers kept referring me from one office to the other, and no one wanted to help me. I went to see a law
yer and the Red Cross
[ICRC]. My three sons have been detained in Al-Wahda Prison in Misratah since 10 September 2011. Is he going to b
e the fourth one now?”, she continued.  The exact number of the missing or disappeared among the Tawargha is yet 
to be established, as the
Libyan authorities have been unable to investigate cases Tawarghas reported to the General Prosecutor, the police
, local councils and security committees formed in the aftermath of the conflict. Representatives of the Warfalla
h tribe have been trying to
obtain information on the fate and whereabouts of 113 missing and disappeared persons, all from Bani Walid, since
 2011. Of these, 76 individuals went missing or were subjected to enforced disappearance in 2011, mainly during t
he fighting between
al-Gaddafi forces and anti-Gaddafi militias that took place in Bani Walid in October of that year. An additional 
37 individuals disappeared in 2012, largely during a 20–day siege of Bani Walid by Libya Shield forces and militi
as in October of that year.
The siege was conducted based on Decision No. 7 of the GNC authorizing the use of force if necessary to arrest su
spects.22

                       Mohammad Omar Mohammad Askib, an education inspector born in 1964, was abducted on 23 Octo
ber 2012 during the siege of Bani Walid. He was taken from his home at 7:45am by four members of the 23rd June br
igade of the Libya Shield
Forces. His wife recounted the Amnesty International October 2013           Index: MDE 19/011/2013

                                                         BARRED FROM THEIR HOMES  17 Continued displacement and p
ersecution of Tawarghas and other communities in Libya events to Amnesty International: “After the fighting start
ed, we fled from our home
and sought refuge at a relative’s house in the eastern part of the city, but there were rocket attacks there as w
ell. We tried to flee through the southern exit, but heard the roads were blocked, and so we went back home hopin
g for the best. Two days
later, four men entered our house and started shouting for my husband to come out. Two of them were masked. They 
told me ‘either he comes with us, or we will burn your house down’. This was the last time I saw my husband befor
e he disappeared. We keep
hearing that he is detained in Misratah or in Tripoli, but each time we go to prisons there, we are told he is no
t there.”  Similarly, representatives of the Mashashya community have been unsuccessfully trying to establish the
 fate of seven persons
subjected to enforced disappearance since the end of the conflict, most likely by militias from Zintan.  Four rel
atives, Mohammad Massoud Ali Al-Sweibigh (born in 1978), Mohammad Bel Qasem Mohammad Abu Sitteh (born in 1973), S
alem Ibrahim Omar Essa
(born in 1984) and Khaled Ibrahim Omar Essa (born in 1984), all originally from Mashashya, disappeared following 
their detention in Tripoli in August 2012. According to the testimony of a relative, they were arrested during an
 identity check on the main
road in Al-Zahra, an area on the outskirts of Tripoli. The arrest was carried out by members of the Department of
 Combating Crime, a body formed by former militiamen at the end of the conflict which subsequently integrated int
o the Ministry of Interior.
After about two days they were transferred to the Qaaqaa Brigade, a Zintan militia nominally under the Ministry o
f Defence, in the Fellah area of Tripoli. The relative recounted the events to Amnesty International, “During the
 first few days, I was in
telephone contact with my brother. He informed me that he was held together with the others by the Qaaqaa brigade
, and that he was allowed to use the phone of a man originally from Zintan. I spoke to the Head of Brigade who to
ld me not to worry. On 12
August, I went to Tripoli with some relatives and we were allowed to visit them in detention. During the visit, m
y brother and cousins complained that they were beaten with sticks by the Department of Combating Crime. One of t
he men was shot in his leg.
The Head of Brigade promised that all would be released within one day. A few days later - it was Eid al-fitr [ar
ound 19 August] - I called him back, but no one answered. I waited for a few days, and when I did not receive any
 news, I went back to
Tripoli, but was told that my relatives had been transferred to Zintan. They showed me a letter dated 17 August 2
012 stating that the men had been transferred to the Military Police prison in Zintan. The document listed their 
names and personal
belongings.” Too frightened to visit their relatives in detention in Zintan, the family sought the intervention o
f elders from Zawiya and Ghirian. The delegation of elders allegedly went to visit the military police prison in 
Zintan but was unable to
receive any information. The men’s relatives then reported their disappearance at the Qasr Ben Ghashir Police Sta
tion in Tripoli on 2 October. The case was referred by the General Prosecutor first to the prosecution in Zawiya,
 then to Jadu in the Nafusa
Mountain area. At the time of writing, there had been no results in the investigation of the disappearance of the
 four men. LAW ON ENFORCED DISAPPEARANCES AND THE MISSING Libyan legislation includes some safeguards against enf
orced disappearance and
arbitrary detention. For instance, Law No. 20 of 1991 on the Promotion of Freedom includes a number of principles
 intended to guarantee the protection of human rights in the administration of justice. Article 1 of Law 10 of 20
13, which criminalizes
torture, enforced disappearance and discrimination, prescribes a prison sentence for anyone who has abducted, det
ained or deprived any individual of his or her personal liberty by force, threat or deception.  Index: MDE 19/011
/2013
Amnesty International October 2013

                       18 18   BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and othe
r communities in Libya

                       Article 2 of the International Convention for the Protection of All Persons from Enforced 
Disappearance (ICPPED) defines “enforced disappearance” as “the arrest, detention, abduction or any other form of
 deprivation of liberty by
agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of 
the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or where
abouts of the disappeared
person, which place such a person outside the protection of the law.” The Libyan authorities have publicly announ
ced their commitment to ratify the ICCPED, including at the Human Rights Council’s 22nd session in March 2013. In
 addition, as a state party
to the ICCPR, Libya is under an obligation to prevent arbitrary arrest and detention and to allow anyone deprived
 of liberty an effective opportunity to challenge the lawfulness of their detention before a court (Article 9). I
t must ensure that those
arrested are promptly informed of any charges against them, and that those charged are brought before the judicia
l authorities within a reasonable time. Victims of unlawful arrest or detention have a right to compensation. Enf
orced disappearances also
violate the right of detainees to humane treatment and the prohibition of torture and other ill-treatment (Articl
es 7 and 10 of the ICCPR); and can violate the right to life (Article 6 of the ICCPR) and the right to recognitio
n as a person before the
law (Article 16 of the ICCPR).  When enforced disappearances are committed as part of a widespread or systematic 
attack directed against a civilian population, with knowledge of the attack, they constitute crimes against human
ity.23

                       Under international humanitarian law, Libya has an obligation to “account for persons repo
rted missing as a result of armed conflict and must provide their families with any information it has on their f
ate”, be they civilians or
combatants.24 Article 7 of the draft Law on Transitional Justice proposes the creation of a Fact-
                       Finding and Reconciliation Commission to examine the file of “missing persons and detainee
s”, and take the necessary measures to address their situation.

                       Amnesty International October 2013           Index: MDE 19/011/2013

                                                         BARRED FROM THEIR HOMES  19 Continued displacement and p
ersecution of Tawarghas and other communities in Libya THE STRUGGLE TO LEAD A NORMAL            Camp of displaced
 Tawarghas in Fellah area
of Tripoli, 30 August LIFE                                                                         2013 © Amnesty
 International                            Living conditions are difficult for displaced Tawarghas, and other disp
laced communities. Some
live in under-resourced camps in Tripoli and Benghazi; others struggle to support themselves and their families o
n their own. Their displacement has impacted on their lives in many different ways, not just financially but also
 in terms of security and
education.  The Libyan authorities have failed to ensure the right to life and security of Tawarghas,25
              although the security situation for people in camps is somewhat better than in the months following
 the end of the conflict.  Numerous camps were attacked by militias in 2011 and 2012. A militia raid on Janzur Ca
mp in Tripoli in February
2012 resulted in the death of seven camp residents, including three children; at least 13 other residents were sh
ot and injured. Militias from Misratah regularly drove past camps in Tripoli, shooting in the air and insulting r
esidents in an attempt to
intimidate them. Women in the Libyan Red Crescent Camp in Benghazi recently told Amnesty International that they 
felt unsafe to leave the camp on their own and would only leave with a male companion. Sporadic incidents continu
e to be reported until
today.  Index: MDE 19/011/2013                  Amnesty International October 2013

                       20 20   BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and othe
r communities in Libya

                       At about 7am on 25 July 2013, Milad Musbah Abdellatif Qersh, a Tawargha driver, arrived as
 normal at Fellah Camp in Tripoli to take a group of Tawargha men to their workplace. As he was parked near the c
amp entrance, three armed
men arrived in an unmarked car, and allegedly started harassing an elderly female resident. When Milad Musbah Abd
ellatif Qersh intervened, the men started questioning him, and took away his identity card before driving off. So
me 10 minutes later,
another unmarked car arrived in the camp carrying armed men, who allegedly first opened fire in the air, then sho
t Milad Musbah Abdellatif Qersh in the abdomen. Four operations were performed in an attempt to save his life. He
 died in Tunisia on 11
August as a result of heart failure and a puncture of the intestine caused by gunshot. His family expressed the d
ifficulties they faced when seeking redress: “We went to report the incident at the police station, but were told
 that an investigation was
impossible in the current circumstances. The police agreed to take our statement, but we doubt that action will b
e taken.”  Approximately a week later, armed men in an unmarked car once again entered Fellah camp
                       and shot in the air, leading the community to come out on the street and protest. When a p
olice car allegedly opened fire at the protestors, Tawargha youths closed off the road, and clashed with other mi
litia that kept driving by
the camp and opening fire in their direction. Four Tawargha are believed to have been injured during the incident
. Since then, the camp’s residents have built a wall at the entrance of the camp, in an attempt to restrict the e
ntrance of armed militias.
They say that they have lost all confidence in the authorities, and in their ability to protect them.   Threats b
y Misratah militias and residents, as well as the authorities’ failure to address those threats, have greatly imp
eded the right of Tawargha
to freedom of movement. Although Tawarghas are not legally prevented from returning to their home town, which rem
ains uninhabited, they are effectively barred from moving freely in that area because of the threats, and stigmat
ization. Militiamen from
Misratah vowed that the Tawargha will never be able to return; some were reported to have said that the Tawargha 
deserve “to be wiped off the face of the planet” and that their return “will turn into a bloodbath.” Since April 
2012, the elected Local
Council of Misratah has been advocating for an “alternative solution” to the return of the Tawargha, stating that
 reconciliation was probably impossible. On 11 May 2013, three days after Tawargha community leaders issued a sta
tement announcing their
decision to return peacefully to their home town, the Misratah Local Council addressed a letter to the GNC warnin
g against “irresponsible unilateral calls” and the possible implications that the Tawargha’s return might have on
 the entire country. The
Local Council said it would hold both the interim government and the GNC responsible for any consequences, should
 they fail to take a firm stance against “unstudied actions and calls.” Further, the Local Council accused the Na
tional Transitional Council
and subsequent governments of failing to address the situation of displaced persons. It then stated that this fai
lure was exploited by groups affiliated with the former regime to spread strife and discord amongst Libyans, who 
were inciting displaced
communities who had “left their homes without any coercion” to return. The Misratah Local Council reiterated that
 the suffering of the city’s residents during military campaigns allegedly waged by volunteers from the Tawargha 
area had caused a “deep
wound” whose impact would extend “for many years and into successive generations”, thus implicitly justifying the
 collective punishment of an entire community.26

                       Amnesty International October 2013           Index: MDE 19/011/2013

                                                         BARRED FROM THEIR HOMES  21 Continued displacement and p
ersecution of Tawarghas and other communities in Libya A few days later, on 17 May 2013, approximately 1,000 peop
le gathered in Misratah to
protest against the proposed return. Some demonstrators were filmed by local media threatening the Tawargha with 
attack “by whatever means” should they decide to pursue their plans, and saying that “they will never reach their
 city.”27

              Under the UN Guiding Principles on Internal Displacement, threats and incitement to commit acts of 
“genocide, murder, summary or arbitrary executions and enforced disappearances, including abduction or unacknowle
dged detention” are
prohibited.28

              Similarly, displaced Mashashya are confined to the areas of Shgeiga and Mizda in the Nafusa Mountai
n area, fearing attack and abduction by militias from Zintan during random “identity checks”. In the abandoned to
wns of ‘Awnya and Zawiyat
al-Bagul, graffiti on walls includes messages such as “restricted military area – entry forbidden,” even though t
here was no official decision to seal off the area. Displaced people from Mashashya told Amnesty International th
at they never venture back
to their home towns.                                Deserted Mashashya homes and mosque in ‘Awynya in the Nafusa 
Mountain area; sign in Arabic reads “restricted military area”, 2 May 2013 © Amnesty       International         
                   RIGHT TO
FREEDOM OF MOVEMENT AND CHOICE OF RESIDENCE Under Article 12 of ICCPR, "everyone lawfully within the territory of
 a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
" Under international law,
the state may restrict an individual's freedom of movement only to protect national security, public order, publi
c health or morals and the rights and freedoms of others. The restrictions must be proportionate to the danger po
sed by the individual's
movement, and the state must give reasons for applying the restrictions. However, these restrictions are only per
missible if they are consistent with other rights enshrined in the Covenant and the Index: MDE 19/011/2013       
           Amnesty
International October 2013

                       22 22   BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and othe
r communities in Libya

                       principles of equality and non-discrimination. According to the Human Rights Committee, th
e rights enshrined in Article 12 cannot be restricted by “making distinctions of any kind, such as on the basis o
f race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other status.”29  M
ashashya stores in the Nafusa Mountain area, looted, vandalized and burnt down by militias, 2 May 2013 © Amnesty 
International

                       Many Tawarghas left their livelihood and belongings behind as they fled the attacks of the
 Misratah militias in 2011. For many families, men who were the main breadwinner have been killed or detained, or
 have gone missing or
subjected to enforced disappearance. Given the lack of security and the stigma people from Tawargha face, many co
mplain of the lack of employment opportunities. Many also say that their previous salaries have been suspended or
 that they have been told
that the security situation means they cannot collect their salaries from Misratah, where the majority of Tawargh
as had been working prior to the conflict. The Mashashya reported difficulties in accessing their accounts and wi
thdrawing their salaries
from their bank in Yefren, a town near Zintan.    According to estimates by Tawargha activists, approximately 600
 students from Tawargha are currently unable to continue their higher education as a result of their displacement
. Students wanting to
continue their studies have to obtain their transcripts, certificates and documents from their previous academic 
establishment, which many have not been able to do, particularly those whose certificates are in Misratah. Some w
ho have formally requested
their documents have received no response from the authorities. Salima (full name not disclosed at the request of
 the individual), a third-year nursing student aged 24, has been unable to register at university in Tripoli beca
use she does not have a
copy of her university record. Before the conflict, Salima was studying nursing at the 7th Amnesty International 
October 2013           Index: MDE 19/011/2013

                                                         BARRED FROM THEIR HOMES  23 Continued displacement and p
ersecution of Tawarghas and other communities in Libya October University in Misratah. Following the mass exodus 
in 2011, Salima’s family
sought refuge in Tripoli, where they currently live. Salima’s mother went to the university to obtain a copy of h
er daughter’s record, but was told to bring a certificate from the Misratah Supreme Security Committee certifying
 that her daughter was not
on the list of “wanted people.” The mother did as instructed and sent a letter to the Ministry of Interior, but d
id not receive a response. Salima’s friends, who had been given power of attorney, also failed to obtain Salima’s
 university record. Amnesty
International met the head of the Displaced Person’s Affairs Office within the Prime Minister’s Office. She ackno
wledged that access to education was a problem and said that in the year following the conflict the new governmen
t, the National
Transitional Council, had tried to find alternative solutions for students. She said that universities had accept
ed students if their parents guaranteed that their certificates would be provided at a later stage. However, such
 guarantees are no longer
accepted. Attestations provided by the Local Council of Tawargha are not accepted either. The right of everyone t
o education is enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR), which sh
all be guaranteed “without
discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or s
ocial origin, property, birth or other status.” Under the UN Guiding Principles on Internal Displacement,30 autho
rities are obliged to issue
all necessary documents for internally displaced persons to allow them to enjoy their legal rights. The Principle
s specify that this should be done “without imposing unreasonable conditions, such as requiring the return to one
’s area of habitual
resident in order to obtain these or other required documents”.

                            Index: MDE 19/011/2013                  Amnesty International October 2013

                       24 24   BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and othe
r communities in Libya

     A deserted apartment    IN SEARCH OF DURABLE SOLUTIONS  building in Tawargha, looted, vandalized and burnt d
own by militias, February 2012                  Although there has been some official acknowledgement of the plig
ht of the Tawargha and ©
Amnesty International         other communities, no concrete action has been taken. The recognition of the rights
 of internally displaced persons in the draft Law on Transitional Justice and a prohibition of discrimination aga
inst them could be the
first step towards achieving justice. Although the draft law is flawed in places, and does not meet Libya’s oblig
ations under international law in some aspects, it is widely seen as the most important initiative to date with r
egards to transitional
justice in Libya. The authorities must now ensure that the law is adopted and that any solutions proposed are dur
able and in line with international law and guidelines on internal displacement.  The draft Law on Transitional J
ustice proposes to
establish three bodies to ensure accountability and reparations for victims of human rights violations perpetrate
d during the 42 years of Colonel al-Gaddafi’s rule and in the transitional period following his fall. The three b
odies include a
Fact-Finding and Reconciliation Commission, tasked primarily with drawing a “complete picture of the nature, reas
ons and scope” of serious human rights violations under Colonel al-Gaddafi’s rule until the end of the transition
al period; a Victims’
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                                                         BARRED FROM THEIR HOMES  25 Continued displacement and p
ersecution of Tawarghas and other communities in Libya Compensation Fund, tasked with the payment of compensation
 to victims of “severe and
systematic human rights violations”; and a Commission for Redressing Real Estate Grievances.  The draft law also 
includes provisions to guarantee the rights of the communities, which were displaced during and after the conflic
t. Under Article 8, the
Fact-Finding and Reconciliation Commission would establish a department to seek truth about human rights violatio
ns perpetrated after the fall of the al-Gaddafi regime “in a manner that guarantees the rights of displaced perso
ns”. Under Article 7, the
Fact-Finding and Reconciliation Commission is mandated with examining the current conditions of displaced persons
, both internally and abroad, and with “resolving the issue”. In the meantime, the Fact-Finding and Reconciliatio
n Commission is also tasked
with taking the necessary measures to ensure that internally displaced persons live in dignity and are able to en
joy the same rights as other Libyans without discrimination. GUIDELINES ON INTERNAL DISPLACEMENT Based on states’
 obligations under
international human rights law and international humanitarian law, international standards have been developed th
at identify how the rights of internally displaced persons should apply in all phases of displacement. They set o
ut that “displacement
should last no longer than
              required by the circumstances.” States have a duty to provide durable solutions for internally disp
laced persons and to allow them to make an “informed and voluntary choice on what durable solution to pursue.”31
              The UN Framework on Durable Solutions for Internally Displaced Persons defines a “durable solution”
 as being a situation whereby “internally displaced persons no longer have any specific assistance and protection
 needs that are linked to
their displacement and can enjoy their human rights without discrimination on account of their displacement.” The
 achievement of such a durable solution is usually measured against a set of criteria, including long-term safety
 and security, the
enjoyment of an adequate standard of living without discrimination, access to livelihoods, employment, effective 
mechanisms to restore housing, land and property, as well as access to justice and reparations.  Under the UN Gui
ding Principles on Internal
Displacement, “authorities have the primary duty and responsibility to establish conditions, as well as provide t
he means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their ho
mes or places of habitual
residence.”32 In addition to “safe return”, the UN Guiding Principles on Internal Displacement also propose the v
oluntary resettlement of internally displacement persons to other parts of the country.  States have also the pri
mary responsibility to
“ensure the full participation of internally displaced persons in the planning and management of their return or 
resettlement and reintegration.” Further, the UN Guiding Principles on Internal Displacement state that authoriti
es should assist internally
displaced persons with the recovery of their property upon return or resettlement.  In cases where recovery is no
t possible, authorities must ensure that victims receive “appropriate compensation or another form of just repara
tion.” Importantly, a
displaced person’s “choice of local integration or settlement elsewhere in the country, in the absence of option 
of return, must not be regarded as a renunciation of his/her right to return should that choice later become feas
ible.”33  States should
involve internally displaced persons in the “planning and management” of their durable Index: MDE 19/011/2013    
              Amnesty International October 2013

                       26 26   BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and othe
r communities in Libya

                       solutions in a participatory manner, by including voices of women, men, children and group
s that are potentially marginalized. Authorities should grant internally displaced persons full access to all act
ors involved in the
recovery process, including NGOs, international agencies and development organizations. While the draft Law on Tr
ansitional Justice includes a provision for collecting “viewpoints of victims and publishing them”, it fails to d
efine clearly the need for
involving internally displaced persons in a consultation process to ensure that their rights and needs are taken 
into consideration.  The draft Law on Transitional Justice comes after a long list of failed governmental initiat
ives to address ongoing
abuses against the Tawargha and other displaced communities. It is expected that the Fact-Finding and Reconciliat
ion Commission proposed in the draft Law on Transitional Justice will replace an existing similar commission, whi
ch was established in 2012
by the National Transitional Council but which has remained largely inactive since then. The current commission h
as been criticized for failing to recognize the needs and perspectives of victims except in relation to compensat
ion. In addition, the
selection criteria of its members - all senior judges – and its stated purpose – to “accurately identify the pers
ons responsible for crimes” – raised concerns that the commission was in fact a “quasi-
                       judicial body” aimed at replacing judicial investigations rather than a supplementary mech
anism for dealing with a legacy of violations.34 Unsurprisingly, the Commission failed to gain the trust of commu
nities perceived as
al-Gaddafi supporters, such as the Tawargha, and failed to investigate militia abuses against displaced persons.3
5 Finally, members of the Commission openly expressed reluctance to deal with abuses by militias in the current c
limate of lawlessness.  The
draft Law on Transitional Justice aims at correcting some of these failings, by placing victims and truth-seeking
 at the centre of the transitional justice process; including a provision for witness protection; requiring the F
act-Finding and
Reconciliation Commission to cooperate with civil society organizations; and including a provision preventing dis
crimination against internally displaced persons. Once the law is passed, the authorities must ensure that the Fa
ct-Finding and
Reconciliation Commission is afforded the necessary protection and resources to conduct its work in safety and im
partially, free from the threats, public pressure and militia attacks which have plagued Libya since the end of t
he conflict. In parallel,
effective mechanisms must be put in place to ensure the implementation of the law. A failure to do so risks to en
danger once again the modest gains victims have made in their struggle for truth and justice, and turn the law in
to another failed
initiative.  For example, in February 2013, Deputy Prime Minister Awad Barasi held a governmental meeting with re
presentatives from several ministries, including the Justice and Interior ministries, to discuss the issue of int
ernally displaced people.
The outcome of the meeting was a list of recommendations to enact a Social Justice Law, improve efforts for natio
nal reconciliation, improve the living conditions of internally displaced people and ensure they are able to retu
rn to their homes. The
recommendations were due to be handed over to the newly established Office of Displaced Persons’ Affairs under th
e authority of the Prime Minister. This office was created in February 2013 to act as the focal point within gove
rnment institutions and to
co-ordinate the relevant humanitarian work with international organizations.  Amnesty International October 2013 
          Index: MDE 19/011/2013

                                                         BARRED FROM THEIR HOMES  27 Continued displacement and p
ersecution of Tawarghas and other communities in Libya The Head of the Office of Displaced Persons’ Affairs told 
Amnesty International in a
meeting in April 2013 that the Tawargha community could not return to their home town before reconciliation had b
een achieved, and that the return could not happen outside of the framework of the Law on Transitional Justice. S
he added that any such
return could not be based solely on the decision of the Tawargha community but should be a decision made by all L
ibyans.  In April 2013, a Tawargha member of the GNC presented a draft decision to the body’s Committee on Intern
al Security, asserting the
right to return for all displaced persons. To date, no vote has been held. Reconciliation seems far off for many 
Tawarghas, who continue to suffer from discrimination and lack of acceptance by other Libyans. In May 2013, a pea
ceful demonstration by
Tawarghas calling for the GNC to recognize their decision to return was attacked by armed men who shot at the dem
onstrators. One person was injured in the leg. The demonstration was authorized by Tripoli’s Public Security Dire
ctorate, which also
provided forces to protect the demonstrators together with guards of the GNC. Although the protest organizers fil
ed a complaint with the General Prosecutor’s office, the current security situation does not allow for a proper i
nvestigation.  The Law on
Transitional Justice could provide the first real avenue for the Tawargha and other displaced communities such as
 the Mashashya to seek justice or reparations for the violations they have suffered. Many of the attacks that Amn
esty International has
documented against Tawargha civilians committed by militias from Misratah during the armed conflict constituted w
ar crimes. Given that militias carried out, during and after the conflict, prohibited acts including murder, forc
ible transfer, torture and
enforced disappearance as part of a widespread, as well as systematic, attack directed against the civilian popul
ation of Tawargha, and with knowledge of the attack, it appears that they constituted crimes against humanity. Th
e forcible displacement of
the Tawargha, and other communities such as the Mashashya, most of which happened during the internal armed confl
ict, also violates international humanitarian law. Article 17 of Protocol II Additional to the Geneva Conventions
 of 12 August 1949 (on
protection of victims of non-international armed conflicts), prohibits the displacement of civilians during a non
-international armed conflict except for their own security or for imperative military reasons. In the case of th
e Tawargha, the forced
displacement was undertaken as a punitive measure and as such was prohibited. The fact that militia from Misratah
 continue to prevent the return of the Tawargha to their homes underlines that Tawarghas were indeed chased out o
f their town in violation
of international humanitarian law. The Tawargha community should be able to seek justice, truth and reparation fo
r the violations they have suffered and continue to suffer. If members of the Tawargha community have been involv
ed in war crimes during the
conflict, they should be held to account in fair proceedings like any other individual accused of such crimes. Un
der international law, states are obliged to uphold the right of victims of human rights violations to an effecti
ve remedy. Principle VII of
the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of In
ternational Human Rights Law and Serious Violations of Index: MDE 19/011/2013                  Amnesty Internatio
nal October 2013

                       28 28   BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and othe
r communities in Libya

                       International Humanitarian Law states:  “Remedies for gross violations of international hu
man rights law and serious violations of international humanitarian law include the victim’s right to the followi
ng as provided for under
international law: (a) Equal and effective access to justice; (b) Adequate, effective and prompt reparation for h
arm suffered; and (c) Access to relevant information concerning violations and reparation mechanisms.”36  Despite
 repeated statements by
Prime Minister Ali Zeidan and members of the GNC regarding the right of displaced communities to return to their 
home towns, little has been done in reality to achieve national reconciliation and to improve security so that th
e Tawargha community and
other displaced groups such as the Mashashya tribe, residents of Sirte and Bani Walid, and Tuaregs from Ghadames,
 can return safely to their homes. The intransigence and hostility of the very militia that was responsible for f
orcibly displacing the
Tawargha, and other displaced communities, and committing other serious violations against them, must not be allo
wed to block their safe return to their homes. Neither should these militias be the only power brokers driving th
e search for durable
solutions to internal displacement in Libya. The wishes and concerns of victims of forced displacement in Libya m
ust be at the heart of any solution, and their choice must be respected.

                       Amnesty International October 2013           Index: MDE 19/011/2013

                                                         BARRED FROM THEIR HOMES  29 Continued displacement and p
ersecution of Tawarghas and other communities in Libya
              RECOMMENDATIONS                                    Poster displayed at an exhibition shows a symbol
ic passport of a displaced man from Tawargha. Amnesty International urges the Libyan authorities to adopt the Law
 on Transitional Justice
The left page reads: “Name: promptly, having ensured that its provisions are consistent with international law an
d         Returnee”; “Surname: Tawarghi”; standards. In particular, the authorities must take immediate action to
 end the forcible
“Date and place of birth: displacement of all communities in Libya; and provide them with a durable solution     
     Tawargha, 12 August 2011”, consistent with the UN Guiding Principles on Internal Displacement, which is resp
ectful of    Camp of
displaced Tawarghas, their needs, rights and legitimate interests.                                            Jan
zour area of Tripoli, 17 April 2013 © Amnesty International Amnesty International calls on the Libyan authorities
 to implement the following
recommendations: Provide durable solutions to internal displacement    Ensure that all displaced persons are give
n the necessary information and resources that will enable them to make an informed and voluntary choice concerni
ng local integration, the
return to their place of origin or resettlement in other parts of Libya. Should displaced communities, including 
the Tawargha, decide to return voluntarily to their home towns, the authorities must take the necessary measures 
to facilitate their safe
return, including by providing the assistance they need to restore their lives.    Ensure that any body tasked wi
th addressing the problem of displacement, such as the proposed Fact-Finding and Reconciliation Commission, invol
ves internally displaced
persons in the “planning and management” of their durable solutions in a participatory manner, by Index: MDE 19/0
11/2013                  Amnesty International October 2013

                       30 30   BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and othe
r communities in Libya

                       including voices of women, children and other potentially marginalized groups.    Provide 
full and effective reparations for abuses suffered by internally displaced persons as outlined by the draft Law o
n Transitional Justice,
including compensation for material damage, commemoration, and rehabilitation. Ensure also the provision of other
 types of reparations such as full restitution and guarantees of non-repetition.     Protect all internally displ
aced persons from threats
and retaliatory attacks. Ensure that those suspected of ordering, committing or condoning attacks on individuals 
and communities with the aim of, or resulting in, forcibly displacing them are brought to justice in fair trials 
and with no possibility of
the death penalty.    Ratify the African Union Convention for the Protection and Assistance of Internally Displac
ed Persons in Africa (Kampala Convention). End arbitrary arrests and detention    Release detainees held without 
charge, or charge them
without further delay with recognizably criminal offences and promptly bring them to trial in proceedings that me
et international fair trial standards and without recourse to the death penalty.    End arbitrary detentions of T
awarghas by militias
and state security forces, and ensure that no one is deprived of their liberty except in accordance with procedur
es and grounds prescribed by law. No one should be imprisoned for their ethnicity or their national or social ori
gin.    Notify
detainees’ families of where they are detained and ensure that all those detained have access to families and law
yers, and are given an opportunity to challenge the lawfulness of their detention before a court or are released.
    Provide families of
those subjected to enforced disappearances with information about their fate or whereabouts; and provide death ce
rtificates to the families for their relatives who have died.    Increase efforts to clarify the fate of all miss
ing persons without
discrimination and take into account the psychological, financial and legal needs of their families when assistin
g them in the identification of mortal remains; recognize and seek to address the psychological challenges faced 
by families of missing
persons; and provide financial support to all families of missing persons without discrimination.       Ratify th
e International Convention for the Protection of All Persons from Enforced Disappearance. Prevent torture or othe
r ill-treatment 
Ensure that all those detained are treated humanely, receive necessary medical treatment, have regular access to 
their families and lawyers, and are protected from torture and other ill-treatment. Amnesty International October
 2013           Index: MDE
19/011/2013

                                                         BARRED FROM THEIR HOMES  31 Continued displacement and p
ersecution of Tawarghas and other communities in Libya    Investigate all allegations of torture and other ill-tr
eatment, and bring to
justice those suspected of responsibility for human rights violations. Ensure the prompt implementation of Law 10
 of 2013 criminalizing torture, enforced disappearances and discrimination.      Ratify the Optional Protocol to 
the Convention against
Torture.  Improve living conditions and grant access to education Pending the implementation of the recommendatio
ns set out above, Amnesty International is calling on the authorities to immediately remove arbitrary obstacles t
o the enjoyment of human
rights for all internally displaced persons, including their rights to education, health and an adequate standard
 of living. In particular, the Libyan authorities should:     Ensure that all Tawargha students wishing to contin
ue their education,
including their university studies, are allowed to do so by obtaining transcripts of records and all other necess
ary documents from the local authorities in Misratah.

                            Index: MDE 19/011/2013                  Amnesty International October 2013

                       32 32   BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and othe
r communities in Libya
                       ENDNOTES

                       1 In 2011, the total population of Tawargha was estimated at 30,000 (see Amnesty Internati
onal’s report, “We are not safe anywhere”: Tawarghas in Libya, June 2012, Index: MDE 19/007/2012, available at:
http://amnesty.org/en/library/info/MDE19/007/2012/en). In a meeting with Amnesty International on 10 May 2013, th
e Head of the Local Council said that 42,600 people were on the town’s official register, including 37,000 living
 in Tawargha and 5,000 in
Misratah.

                       2 See a video of the press conference on 20 June 2013, available at: http://www.youtube.co
m/watch?v=-
                       QYQT11AAyU

                       3 For background information on the siege in Misratah, see Amnesty International’s report,
 Libya: Misratah under siege and under fire (Index: MDE 19/019/2011), 6 May 2011, available at:
                       http://www.amnesty.org/en/library/info/MDE19/019/2011/en; and The Battle For Libya: Killin
gs, disappearances and torture, (Index: MDE 19/025/2011), 13 September 2011, available at:
http://amnesty.org/en/library/info/MDE19/025/2011/en. For information on Amnesty International’s findings that su
ggest crimes against humanity were committed against the Tawargha community, see, Libya: Militias threaten hope f
or new Libya (Index: MDE
19/002/2012), 16 February 2012, available at: http://amnesty.org/en/library/info/MDE19/002/2012/en; and Libya: ‘W
e are not safe anywhere’: Tawarghas in Libya, (Index: MDE: 19/007/2012), 8 June 2012, available at:
http://www.amnesty.org/en/library/asset/MDE19/007/2012/en/514d579a-3e2b-4f89-ba8b-
                       6f17d479c617/mde190072012en.pdf   4 In March 2012, the UN’s International Commission of In
quiry on Libya reported that it had not found evidence of a widespread or systematic attack, or any overall polic
y of sexual violence by
al-Gaddafi forces against a civilian population. Despite significant efforts to investigate allegations of sexual

                       violence in 2011, Amnesty International recorded no first-hand testimonies to verify such 
claims, although the reluctance of survivors of sexual violence to report such abuses and seek redress may result
 from fear of social
stigmatization as well as the fact that the vast majority of those detained in relation to the conflict have not 
yet been brought to justice.

                       5 For more information see, Amnesty International, Libya: ‘We are not safe anywhere,’ Tawa
rghas in Libya, (Index: MDE: 19/007/2012), 8 June 2012, available at:
http://www.amnesty.org/en/library/asset/MDE19/007/2012/en/514d579a-3e2b-4f89-ba8b-
                       6f17d479c617/mde190072012en.pdf   6 The Office of Displaced Persons’ Affairs, which falls 
under the Prime Minister’s authority, says that
                       exact statistics on internal displacement are unavailable, and estimates the total populat
ion of internally displaced persons at 65,000. According to the United Nations High Commissioner for Refugees (UN
HCR), as of August 2012,
there remained 65,000 to 80,000 internally displaced persons in Libya, and as of January 2013, 177,452 internally
 displaced persons had been able to return to “their place of origin”.  7 Arabic for “revolutionaries” as anti-Ga
ddafi fighters are known as
in Libya.  8 In August 2013, the Office of Displaced Persons’ Affairs started registering the residents of Sidi S
alim camp with a view to transferring them to a camp in the Sidi Sayeh area of Tripoli. The proposed move was, ho
wever, rejected by the
camp’s residents who stated that the alternative did not provide sufficient Amnesty International October 2013   
        Index: MDE 19/011/2013

                                                         BARRED FROM THEIR HOMES  33 Continued displacement and p
ersecution of Tawarghas and other communities in Libya

              space for accommodation. In the beginning of October, they were still living in Sidi Salim and thei
r situation had not changed. 9 Al-Gaddafi forces were stationed in ‘Awnya as of the beginning of May 2011, and us
ed the area to target the
nearby town of Zintan with heavy weapons. Mashashya leaders argue that many civilians of the town had fled the ar
ea to Shgeiga and Tripoli immediately after al-Gaddafi forces had moved in, and that they did not participate in 
the hostilities.  10 The
Libyan flag that was readopted by the National Transitional Council after the conflict; it was originally created
 in 1951 following Libya’s independence and the creation of the Kingdom of Libya.   11 The transitional period is
 set to end once elections
are held following the adoption of a new Constitution. 12 For the prohibition under international humanitarian la
w see International Committee of the Red Cross
              (ICRC), Customary IHL, Rule 103. And the UN Human Rights Committee has referred to the prohibition 
of collective punishment as a peremptory norm of international law. (See Human Rights Committee,General Comment 2
9, States of Emergency
(article 4), U.N. Doc. CCPR/C/21/Rev.1/Add.11 (2001), para 11. 13 For more information on detention and torture o
f Tawargha detainees see Amnesty International, Militias threaten hope for new Libya (Index: MDE 19/002/2012), Fe
bruary 2012; “We are not
safe anywhere”, Tawarghas in Libya, op. cit.; and Libya: Rule of law or rule of militias? (Index: MDE 19/012/2012
), July 2012. 14 To deal with delays in the referral of cases to the prosecution, in April 2013 the Ministry of J
ustice allocated 16
prosecutors from the east of the country to support their colleagues in Misratah. However, according to the Misra
tah Local Council, most prosecutors resigned from their positions in Misratah after only one month. In September 
2013, only two out of the
initial group of 16 continued to provide support to the prosecution in Misratah. According to the Local Council, 
of the 185 detainees referred to prosecution, 35 were released under Law 35 “On granting amnesty for some crimes”
; 33 were sentenced to
prison terms ranging from one to five years; seven detainees were acquitted of all charges. On 31 July, five deta
inees were handed death sentences, including three in absentia.  15 See Amnesty International, Libya: Rule of law
 or rule of militias (MDE
19/012/2012), 5 July 2012; see also Amnesty International, Libya: Militias threaten hopes for new Libya (MDE19/00
2/2012) 16 See http://www.youtube.com/watch?v=tjgUj7plyq4; the video was uploaded on 24 February 2012 17 The comm
unity of Tawargha is
represented in the GNC through one member. 18 At the time of Amnesty International’s visit in September 2013, the
re were seven official detention facilities in Misratah. Three of these – Tommina, Dafniya and Al-Wahda School – 
were nominally under the
control of the Ministry of Justice, but were in fact staffed by former militiamen who had been integrated into th
e Judicial Police without adequate training or a vetting mechanism. Al-Hoda and al-
              Sikkit prisons were nominally under the Ministry of Defence. The Supreme Security Committee detenti
on centre was brought under the nominal authority of the Ministry of Interior in January 2013. In cooperation wit
h the Local Council in
Misratah, the Ministry of Justice started a process of negotiating the gradual handover of detainees to “Al-Jawiy
ah Prison” under the authority of the Judicial Police, which at the time was being refurbished in the compound of
 the Air Force College.
According to decision 219 issued by the Ministry of Justice in February 2013, all detainees are to be handed over
 to the Index: MDE 19/011/2013                  Amnesty International October 2013

                       34 34   BARRED FROM THEIR HOMES Continued displacement and persecuton of Tawargha and othe
r communities in Libya

                       Judicial Police upon completion of the new prison building, expected now by the end of 201
3. As of 2 September, only 289 detainees had been transferred. Amnesty International has also received a number o
f allegations of secret
detention in Misratah in farms or private homes, but has been unable to confirm these. Delays in the handover of 
detainees to the Judicial Police have also had adverse consequences for the residents of Misratah. As of Septembe
r 2013, according to the
Misratah Local Council, some 2,500 students of the al-Wahda School were unable to pursue their education for a la
ck of a schooling space.

                       19 Decree 85 of 2012 fails to define and provide clear criteria as to who is considered “m
issing” or a “martyr” thus leaving room for ambiguity and discrimination in practice.  20 Since the issuance of t
he decree in 2012, Martyrs’
Day was officially established on 16 September and declared a public holiday.  21 Free Generation Movement, Mafqo
od Project 22 See Amnesty International, Libya: Bani Walid siege must be lifted, 5 October 2012, available at:
http://www.amnesty.org/en/news/libyan-authorities-must-avoid-unnecessary-and-excessive-use-force-bani-
                       walid-2012-10-05  23 See for example Article 7 of the Rome Statute of the International Cr
iminal Court, which reflects customary international law. 24 See International Committee of the Red Cross (ICRC),
 Customary IHL, Rule 117
25 These rights are enshrined in Articles 6 and 9 of the ICCPR. 26 See the Misratah Local Council facebook page, 
available at: https://www.facebook.com/photo.php?fbid=451136061645280&set=a.451135924978627.10737418
                       26.280951581997063&type=1&theater

                       27 See for example, Libya Herald, “Angry Misratans threaten to attack Tawarghans if they a
ttempt to return”, available at http://www.libyaherald.com/2013/05/19/angry-misratans-threaten-to-attack-
                       tawarghans-if-they-attempt-toreturn/#axzz2fhn7Pz7S

                       28 See Principle 10, UN Guiding Principles on Internal Displacement. 29 See Human Rights C
ommittee, General Comment General Comment No. 27: Freedom of movement (Art.12).  30 E/CN.4/1998/53/Add.2, availab
le at:
http://www.ohchr.org/EN/Issues/IDPersons/Pages/Standards.aspx

                       31 Framework on Durable Solutions for Internally Displaced Persons, Report of the Represen
tative of the Secretary-General on the human rights of internally displaced persons, A/HRC/13/21/Add.4, 29 Decemb
er 2009 32 Principles 28,
UN Guiding Principles on Internal Displacement, E/CN.4/1998/53/Add.2. 33 See Framework on Durable Solutions for I
nternally Displaced Persons, Report of the Representative of the Secretary-General on the human rights of interna
lly displaced persons,
A/HRC/13/21/Add.4, 29 December 2009.  34 See UNSMIL, Transitional Justice, Foundation for a New Libya, available 
at:  35 At the end of July 2013, the Fact-Finding and Reconciliation Commission announced the start of its work t
o investigate violations in
the cities of Tawargha and Misratah, and against their residents, during Amnesty International October 2013      
     Index: MDE 19/011/2013

                                                         BARRED FROM THEIR HOMES  35 Continued displacement and p
ersecution of Tawarghas and other communities in Libya

              and after the conflict. The Commission recognized the Tawargha’s inability to return home and probl
ems
              they face in continuing their education. In a statement announcing the beginning of the fact-findin
g process, the Commission encouraged civil society organizations to co-operate in the truth-seeking process, and 
invited all concerned
persons to submit relevant information, including photographic evidence and footage that would enable the identif
ication of perpetrators. The Commission also called on all concerned persons to submit complaints for its review.
   36 Basic Principles and
Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights 
Law and Serious Violations of International Humanitarian Law (Basic Principles on the Right to a Remedy and Repar
ation), adopted and
proclaimed by UN General Assembly Resolution 60/147 of 16 December 2005 (UN Doc. A/RES/60/147). Article 7 stipula
ted that victims have the right to “access to relevant information concerning violations and reparation mechanism
s.”

                            Index: MDE 19/011/2013                  Amnesty International October 2013

                                       BARRED FROM THEIR HOMES
                                       THE CONTINUED DISPLACEMENT AND PERSECUTION OF TAWARGHAS AND OTHER COMMUNIT
IES IN LIBYA

                                       In mid-August 2011, at the height of Libya’s armed conflict, the entire po
pulation of Tawargha – some 40,000 people – was driven out by anti-Gaddafi militia, who vowed Tawarghas would nev
er be able to return. The
militia accused the Tawarghas, a community of black Libyans, of supporting Colonel al-Gaddafi’s government and of
 committing war crimes in Misratah.   Today Tawargha is a ghost town. Seeking revenge, anti-Gaddafi fighters loot
ed and burned down the
Tawarghas’ homes. For months, the Tawarghas were hunted and threatened by militias and suffered arbitrary arrests
, torture and killings.  Two years on, Tawarghas and other displaced communities are still waiting for justice an
d reparations. Many
continue to face discrimination and live in insecurity in under resourced camps with no solution in sight. Hundre
ds of detainees continue to be detained without trial or charge. Families have been left in the dark about loved 
ones who have gone missing
or have disappeared.  In total, around 65,000 people are internally displaced across Libya, not just Tawarghas bu
t members of the Mashashya tribe from the Nafusa Mountains, and residents of Sirte and Bani Walid too.  Amnesty I
nternational is calling on
the Libyan authorities to take urgent action to end the continued forcible displacement of Tawarghas, and other c
ommunities, and provide justice and reparations for the abuses they have suffered. amnesty.org                   
   s

           Index: MDE 19/011/2013 October 2013