41. Thuwar involvement in arbitrary arrest and enforced disappearance increased considerably since the Commission’s first report. When they overran cities, thuwar arrested en masse former soldiers, police officers, suspected mercenaries, and others they perceived to be Qadhafi loyalists. The arrests continued well into January 2012. It initially held the detainees outside the domestic legal framework, often in unacknowledged places of detention. A large number were tortured.
42. The Commission concludes that Qadhafi’s forces arbitrarily detained persons it suspected were supporting thuwar. While many detainees may have been fighters, the Commission finds that family members and peaceful demonstrators were also detained. Detainees were not afforded the requisite legal protections in violation of both Libya’s domestic and international human rights obligations.
43. Thuwar have been involved in arbitrary arrest and enforced disappearance of perceived Qadhafi loyalists, security officers and members of the former government. The Commission is concerned that the thuwar have applied a presumption of guilt to those who fought against them or who are believed to have supported the Qadhafi Government. Moreover, many detainees are being held outside the framework of the law rendering their continued detention arbitrary per se.