The self-proclaimed Libyan Arab Armed Forces (LAAF) must reveal the fate and whereabouts of former Minister of Defence Al-Mahdi al-Barghathi and 18 of his relatives and supporters who were abducted in Benghazi by armed men, said Amnesty International marking a year since their enforced disappearances.
"For a year, families of Al-Mahdi al-Barghathi and his relatives and supporters have been living in anguish, not knowing whether their loves ones are dead or alive. The injustices they suffered reveal the shocking lengths to which LAAF is prepared to go to eliminate any actual or perceived challenge to their absolute grip on power, and the near absolute impunity enjoyed by LAAF-affiliated armed groups," said Bassam Al Kantar, Amnesty International's Libya Researcher.
"The Tripoli-based Government of National Unity, as well as LAAF, as the de facto authorities in eastern Libya, must ensure impartial, independent and effective investigations into crimes that took place, including revealing the fate and whereabouts of those forcibly disappeared and the causes and circumstances of deaths in custody."
Al-Mahdi al-Barghathi, a rival of LAAF General Commander Khalifa Haftar, returned to his hometown of Benghazi on 6 October 2023 following tribal reconciliation efforts. Following his return LAAF-affiliated armed groups raided his mother's home in the al-Salamani neighbourhood. Ensuing armed clashes between LAAF affiliated armed groups including Tariq Ben Zeyad (TBZ) and the Internal Security Agency (ISA), on the one hand, and fighters loyal to Al-Mahdi al-Barghathi, on the other, left at least 15 dead and more injured, amid an internet shutdown by LAAF.
For a year, families of Al-Mahdi al-Barghathi and his relatives and supporters have been living in anguish, not knowing whether their loves ones are dead or alive.Bassam Al Kantar, Amnesty International
On 7 October, LAAF affiliates took hostage 36 women and 13 children from Al-Barghathi's family. They were released after Al-Mahdi al-Barghathi and his son were taken into LAAF custody, along with 38 other Al-Barghathi family members and supporters. The fate and whereabouts of at least 19 of them remains unknown, amid fears they may have been extrajudiciallyexecuted after being captured. Six others have been confirmed dead; at least two of them in suspicious circumstances after being captured alive. The remaining 15 are believed to be held in LAAF detention centres.
Amnesty International interviewed the families of eight detainees, including two men who died in custody, as well as lawyers and political activists. The organization reviewed medical and forensic reports, pictures, videos and official documents.
The raid on al-Salamani neighbourhood
Al-Mahdi Al-Barghathi was previously Minister of Defence of the former Tripoli-based Government of National Accord (GNA), rival to LAAF and the allied eastern-based "Libyan Government".
Al-Barghathi's family described how upon his return heavily armed forces loyal to LAAF raided his family home and clashed with fighters loyal to the al-Bargathi family, including from the 204 Brigade armed group.
In the aftermath of the clashes, LAAF and "Libyan Government" officials claimed to have foiled a terrorist attack and, declared that nine individuals loyal to al-Mahdi al-Barghathi were killed and eight injured, during their attempt to resist arrest.
Relatives of victims provided Amnesty International with a list of 40 people, who went missing in the aftermath of the fighting. According to evidence gathered by Amnesty International 15 of them were later confirmed detained by LAAF, six were confirmed dead, while the fate and whereabouts of 19 remain unknown. On 13 October, ISA published pictures of the 15 men dressed in blue prisoner suits. The forced "confessions" of four of them of planning terrorist attacks were broadcasted by media outlets loyal to LAAF, in violation of their rights. They have not been charged or tried, and have been denied regular access to their families and lawyers.
Al-Mahdi's fate and whereabouts
According to Rawan al-Barghathi, Al-Mahdi al-Barghathi's daughter, the family never received her father's body and continue to consider him forcibly disappeared, demanding the LAAF reveal his burial site and identify his body through DNA testing. Under international law, enforced disappearance is an ongoing crime until the truth about the fate and whereabouts of the victim, or their remains, are revealed. A leaked ISA video which circulated on 10 October showed an uninjured Al-Mahdi al-Barghouthi walking and speaking upon his arrest on 7 October. On 13 October, the eastern-based Military Prosecutor, Faraj al-Sawsa, announced that Al-Mahdi was severely injured during his arrest. A preliminary forensic report, reviewed by Amnesty International, indicated that he died from a gunshot wound.
Relatives and supporters killed
According to interviews with family members, forensic reports, death certificates and burial permits reviewed by Amnesty International at least six of the 40 men who went missing in the aftermath of the clashes were killed and buried, including al-Barghathi's son, Ibrahim, two members of the 204 Brigade, two of al-Barghathi's relatives, and a sheep merchant.
The bodies of all six were handed to families but most were forced to bury their loved ones without being provided comprehensive forensic reports explaining cause of death. Among those whose body was returned was al-Bargathi's son Ibrahim. According to a forensic report, dated 21 October, he died as a result of gunshot wounds. His body was returned to a family member a day later. Most other families received bodies in shrouds, with only their faces visible and showing signs of torture.
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Amnesty International's findings based on corroborated sources and testimonies indicate that at least two of the six dead were civilians captured alive during or in the days after the raid and are believed to have been extrajudicially executed.
One of them, Moataz al-Barghathi, sustained minor leg injuries when he was arrested. However, the preliminary forensic report indicates that his death was due to two gunshot wounds to the lung and head. The other, Ahmad Boufnara, a sheep merchant, was arrested days after the raid. A picture of his dead body shows bruises that his family alleges were sustained under torture and his eyes had been gouged out. Stitches were visibly apparent around his head and torso.
Background
Former senior LAAF officer Al-Mahdi al-Barghathi was named Minister of Defence of the GNA in 2016 and remained in post until July 2018. He was vocal in criticizing LAAF's attack on Tripoli in 2019-2020.
The LAAF controls and carries out government-like functions in Benghazi, the second-largest city in Libya, and large swathes of eastern and southern Libya. The LAAf de facto authorities, who are in control of territory and exercise government-like functions, are bound by international humanitarian and human rights law.
