Libya Report Between Life and Death

`BETWEEN LIFE AND DEATH'

REFUGEES AND MIGRANTS TRAPPED IN LIBYA'S CYCLE OF ABUSE

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Index: MDE 19/3084/2020 Original language: English



Cover photo: The bodies of five refugees and migrants were recovered at sea after their boat sank off the coast of the Libyan city of al-Khums on 27 August 2019. Survivors were brought back to Libya by the Libyan Coast Guard to face indefinite and arbitrary detention. ? MAHMUD TURKIA/AFP via Getty Images

CONTENTS

GLOSSARY

5

1. EXECUTIVE SUMMARY

6

2. METHODOLOGY

11

3. BACKGROUND

13

3.1 SITUATION IN LIBYA

13

3.2 REFUGEES AND MIGRANTS IN LIBYA

14

4. ROLE OF EU STATES AND INSTITUTIONS

16

5. UNLAWFUL DEPRIVATION OF LIBERTY

21

5.1 ARBITRARY DETENTION AND ENFORCED DISAPPEARANCE AFTER DISEMBARKATION

22

5.2 ARRESTS AND ABDUCTIONS WITHIN LIBYA

23

5.3 INDEFINITE DETENTION

24

6. ABUSES IN DETENTION

27

6.1 INHUMANE CONDITIONS

28

6.2 INADEQUATE FOOD IN DCIM CENTRES

28

6.3 TORTURE AND OTHER ILL-TREATMENT

29

6.4 SEXUAL VIOLENCE

30

6.5 FORCED LABOUR

30

6.6 DEATHS IN CUSTODY

31

7. EXPULSIONS

33

8. ABUSES OUTSIDE DETENTION

35

8.1 ECONOMIC HARDSHIP, EXPLOITATION AND ROBBERY

36

8.2 FORCED LABOUR

37

`BETWEEN LIFE AND DEATH' REFUGEES AND MIGRANTS TRAPPED IN LIBYA'S CYCLE OF ABUSE

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8.3 BARRIERS TO ACCESSING HEALTH CARE

38

8.4 SEXUAL VIOLENCE

39

9. CAUGHT UP IN ARMED HOSTILITES

40

10. XENOPHOBIA AND RACISM

43

11. IMPUNITY AND COMPLICITY

45

12. `NO SAFE WAY OUT'

47

13. LEGAL FRAMEWORK

50

13.1 LIBYA'S OBLIGATIONS UNDER INTERNATIONAL LAW AND STANDARDS

50

13.2 EUROPEAN STATES' OBLIGATIONS UNDER INTERNATIONAL LAW AND STANDARDS

52

13.3 LIBYAN LEGISLATION

52

14. CONCLUSION AND RECOMMENDATIONS

54

ALL LIBYAN AUTHORITIES AND GROUPS WITH DE FACTO CONTROL OF TERRITORY

55

LIBYA'S GOVERNMENT OF NATIONAL ACCORD

56

THE EU AND MEMBER STATES

56

`BETWEEN LIFE AND DEATH' REFUGEES AND MIGRANTS TRAPPED IN LIBYA'S CYCLE OF ABUSE

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GLOSSARY

"CAMPO"

DCIM GACS GNA IOM LCG LNA OHCHR UNHCR UNSMIL

TERM USED BY REFUGEES AND MIGRANTS TO REFER TO PLACES OF CAPTIVITY MANAGED BY TRAFFICKERS OR SMUGGLERS Libya's Directorate for Combating Illegal Migration Libya's General Administration for Coastal Security Libya's Government of National Accord International Organization for Migration Libyan Coast Guard Libyan National Army Office of the UN High Commissioner for Human Rights UN High Commissioner for Refugees, the UN Refugee Agency UN Support Mission in Libya

`BETWEEN LIFE AND DEATH' REFUGEES AND MIGRANTS TRAPPED IN LIBYA'S CYCLE OF ABUSE

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