38. In its first Report, the Commission concluded that Qadhafi forces arbitrarily detained a significant number of persons and subjected others to enforced disappearance, while it received very little information on violations in respect of thuwar. In its second phase, the Commission met with 197 persons who referred to such violations by parties to the conflict, 158 of those were direct victims or their immediate family members.
2. Qadhafi forces
39. The Commission confirmed its earlier findings with respect to arbitrary arrests by the Qadhafi forces and found that the practice continued until the Qadhafi Government’s disintegration. The Commission found evidence of unlawful detentions in Tripoli, Al Zawiyah and the Nafusa Mountains. A significant number were held in unofficial or unacknowledged sites. Detainees were not provided access to counsel and many were not allowed to challenge the lawfulness of their detention. Credible accounts related that the detainees were tortured.
40. As Qadhafi forces retreated, detainees were either released or in some instances killed. Others were freed when thuwar intervened. The Commission confirmed dozens of disappearance cases.