The ICC Starts Investigations into Wide Spread Violations of International Human Rights Law at Mitiga Prison run by Special Deterrent Force
Human Rights Solidarity (LHRS) received a letter, dated 4 th January 2019, from the Office of the Prosecutor (OTP) at the International Criminal Court (ICC), stating that the OTP has referred the complaint filed by HRS to the team carrying out investigations, pursuant to United Nations Security Council Resolution 1970 (2011) [i] . The OTP team has started preliminary investigations into alleged wide spread violations of International Human Rights Law and International Humanitarian Law at Mitiga detention facilities run by the Special Deterrent Force (SDF).
On 29 th October 2018, HRS filed a complaint at the OTP, under Article 15 of the Rome Statute [ii] of the (ICC), against the SDF, the Ministry of Interior and the Presidential Council of the Government of National Accord. The complaint comprised of 28 documents, about 193 pages in total, including statements of victims of grave abuses allegedly committed by elements of the SDF at Mitiga airbase and when these elements were carrying out their raids [iii] .
The alleged abuses included, and not limited to, unlawful and prolonged deprivation of freedom frequently in incommunicado detentions amounting to enforced disappearances, torture and inhumane and degrading treatment, killing of detainees under torture, and in some cases execution style killings amounting to extrajudicial executions.
HRS is currently working on two additional submissions to the OTP; one case related to widespread violations at detention facilities in Benghazi and al-Bayda, and the other case is related to crimes committed by militias under the command of Haftar in Derna in the summer of 2018, crimes amounting to war crimes and crimes against humanity according to a legal brief by an expert lawyer in International Law [iv] .
The letter from the ICC was sent to HRS by the Head of Jurisdiction, Complementarity and Cooperation Division at the OTP, the Honorable Mr. Mochochoko, who thanked HRS for “the dedication it has shown towards the fight against impunity in Libya and towards bringing to account those accused of crimes that may fall within the jurisdiction of the ICC”.
[i] United Nations Security Council: “ Resolution 1970 (2011) ”, 26 th February 2011.
[ii] United Nations: “ ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ”, 17th day of July 1998.
[iii] . In the early hours of 11 th July 2018, the SDF started shooting at house of Mahmoud al-U’waili al-Werfalli in al-Furnaj district of Tripoli. The attack resulted in the killing of the man and his wife, who was pregnant with twin, and gravely injuring his one-year old son ( link & video ).
[iv] “A legal opinion by the human rights lawyer Rodney Dixon QC said forces under the command of Haftar “appear to be involved in the commission of the war crimes of murder, mutilation, torture, cruel treatment, outrages upon personal dignity, and the targeting of civilians. These acts prima facie constitute crimes and violations of the Geneva convention.””, the Guardian “ West ‘risks helping political hijack of Libya’s peace talks’ ”, 10 th January 2019.
Background:
Mitiga detention facilities, at Mitiga Air Force Base, is a facility that did not exist before Spring of 2012, yet it holds at least 2600 detainees, including women and children [v] , according to a report [v i] by the Office of the United Nations High Commissioner for Human Rights (OHCHR).
The Special Deterrence Force (SDF) is one of the large militias of Tripoli. It is nominally an agency, a unit, working under the Ministry of Interior, but in reality, it is a militia, over which the Ministry of Interior has no control. The SDF is controlled by members of a militant group called al-Madakhila, followers of a Saudi cleric, Sheikh Rabia’ al-Madkhali, resident of Jedda, who enjoys special support by the Saudi Crown Prince [vii] Mohamed Ben Salman.
[v] According to a report by the UN OHCHR, “An armed group, the Special Deterrence Force, runs Mitiga detention centre. Its representatives said that the facility was holding approximately 1,700 people, of whom only 91 had been sentenced by a court. There were 200 women and 120 children being held . Detainees were held in severely overcrowded conditions, lacking ventilation and light. Women were guarded by male prison guards.”, United Nations High Commissioner for Human Rights: “ Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Libya, including on the effectiveness of technical assistance and capacity building measures received by the Government of Libya ”, A/HRC/34/42, 13 th January 2017.
[vi] United Nations High Commissioner for Human Rights: “ Abuse Behind Bars: Arbitrary and unlawful detention in Libya ”, 10 th April 2018
[vii] According to a Saudi State TV News report, the Saudi Crown Prince issued a decree to cover all medical treatment cost of the ailing Sheikh Rabia’ al-Madkhali by the Prince’s own account. Aljazeera Documentaries: “ The Executions Officer, Mahmoud al-Werfalli ”, segment from 10:42 to 11:10 of the recording.
