Libyan 95: More questions than answers
A month after the discovery of an alleged illegal military training camp near White River, more questions than answers remain.
Lowvelder can reveal that Milites Dei Security Services provided military training to the since-deported 95 Libyan nationals, in spite of a United Nations Security Council arms embargo imposed on Libya that places a total ban on furnishing weapons and any military training to any forces of Libya.
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A portion of Resolution 1970 (2011), imposed on Libya, reads: “…all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer to [Libya], from or through their territories or by their nationals, or using their flag vessels or aircraft, of arms and related material of all types, including weapons and ammunitions, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related material, including the provision of armed mercenary personnel whether or not originating in their territories.”
Lowvelder has made contact with the United Nations to establish whether they are investigating the possible contravention of the embargo.
The organisation acknowledged receiving the publication’s questions, but had not responded by the time of going to press.
@lowvelder Lowvelder is attending the appearance of the 95 Libyans who are facing a charge of contravening the Immigration Act 13 of 2002 in the White River Magistrate’s Court today, August 15. The men were expected to appear on August 26 for further investigation, however, the defence advocate, Nico du Plessis, had this to say prior their appearance today. #lybia🇱🇾 #lybya🇱🇾🇱🇾 #libyans #libyantiktok #court #imigration
A ‘warlord’, failed Irish training and a tale of two cities
The Global Initiative Against Transnational Organised Crime’s (GI-TOC) director for East and Southern Africa, Julian Rademeyer, said the locally arrested Libyans were part of a long-standing militia in eastern Libya led by ‘warlord’ Khalifa Haftar, who was once backed by the United States to overthrow the former prime minister, Muammar Gaddafi. “He [Haftar] is challenging the legitimacy of the current Government of National Unity (GNU) in western Libya and has been training various militia fighters, gearing up for potential conflict as elections near,” said Rademeyer.
According to information sourced by Rademeyer, most if not all of the Libyans arrested at the camp were members of the infamous 20/20 company, an elite unit under the Tariq Bin Ziyad (TBZ) Brigade.
@lowvelder UPDATE: The Mpumalanga police spokesperson, Colonel Donald Mdhluli, gives an update on the investigation into the owner of the alleged military camp outside White River, in which 95 Libyan nationals were found training on Friday July 26. Lowvelder will update its readers as the story unfolds.
The TBZ Brigade is part of the Libyan Arab Armed Forces (LAAF), commanded by Haftar.
According to global human rights advocacy group, Amnesty International, TBZ fighters have long been committing war crimes under international law.
It said the group targeted any actual or perceived threat by opponents of Haftar’s LAAF by means of unlawful killings, torture, enforced disappearances, sexual crimes and forced displacement.
Rademeyer understands that South African trainers were originally intended to go to Libya to conduct training there, but they refused and the Libyans were sent here instead.
ALSO READ: White River court withdraws criminal charge, 95 Libyan nationals set to be deported
This after they had previously received training from an Irish company called Irish Training Solutions in Libya. Rademeyer said that did not work out too well.
Irish news website Breakingnews.ie reported the training was in alleged breach of UN and European Union sanctions and triggered a Garda (Irish police) investigation.
“So the Irish training became a mess and then they [the Libyans] came here,” Rademeyer said.
@lowvelder UPDATE: The 95 Libyan nationals who are expected to appear in the White River Magistrate’s Court today arrived and were immediately sent to the White River Police Station. The Mpumalanga police had recently raided their alleged illegal military camp outside White River. It is alleged that the detainees entered the country using false visas. Lowvelder will update its readers as court proceedings unfold.#mpumalanga #libyan
Libya’s current political landscape is a tale of two cities (Tripoli and Benghazi) from which two polar administrations govern.
This since an international coalition ousted the former prime minister Muammar Gaddafi’s regime in 2011 and renewed fighting broke out in 2014, splitting the country into two administrations.
@lowvelder Some of the 95 accused Libyans singing what seems to be freedom songs, mostly in Arabic. The words “free Libya” can be heard.#lybia🇱🇾 #court #whiteriver #military
The west is governed by the Tripoli-based and internationally recognised GNU, while the east is ruled by the rival Benghazi-based Government of National Stability under command of de facto leader Khalifa Haftar, who is understood to receive support from Egypt, the United Arab Emirates and Wagner forces from Russia.
A raft of post-deportation questions
After the court’s sudden 180-degree turn on its undertaking to detain the Libyan 95 for the duration of their trial, charges were dropped and the group was swiftly deported on Sunday. But a raft of questions remains unanswered.
@lowvelder The 95 Libyan nationals board their flight to Libya which is expected to take off soon. > Video: Bongekile Khumalo #libya🇱🇾 #boarding #airport
With the CemAir CRJ 900 aircraft only seating a maximum of 90 passengers (89 Libyans and one Libyan Embassy representative), the remaining six Libyans, together with an embassy representative, boarded a second flight, understood to have flown from KMI Airport via OR Tambo to Libya
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An airline pilot, who asked not to be named, said the range on the CRJ 900 would have required it to complete at least two en route stops to refuel. He added that, with detainees on board, there would be strict regulations concerning landing in a foreign country, even if just for a technical stop.
Adv Nico du Plessis, who co-acted on behalf of the Libyans, confirmed one of the CemAir flight’s stops was in Angola and that the Libyans were flying to Benghazi (Haftar’s stronghold).
@lowvelder UPDATE: The 95 Libyan nationals who are expected to appear in the White River Magistrate’s Court today, have not. Lowvelder will update its readers as the court proceedings unfold. This is what the National Prosecuting Authority’s provincial spokesperson, Monica Nyuswa, has to say at the moment: #lybia🇱🇾 #lybian #whiteriver #hawks
Lowvelder approached the Department of Home Affairs for comment.
These are some of the questions they declined to answer:
• Which Libyan government funded the cost of deportation? Was it the internationally recognised GNU, or the government of the eastern region commanded by de facto leader Khalifa Haftar?
• Can you confirm that all 95 Libyans have landed in Libya and are accounted for?
• Is your department and other role players investigating the possible breach of the UN arms embargo by those involved in planning, organising and financing the alleged illegal training camp in White River?
• Were all 95 visa applications processed at the same Department of Home Affairs office?
• Has the department received any other such bulk applications in the past?
• Without revealing names, were any sanctioned individuals among the 95 arrested Libyans?
The department’s spokesperson, Siya Qoza, referred the publication to the Libyan Embassy and the police. The former’s phone went unanswered and the police had not yet commented by the time of going to press.
Questions also exist around the deportation to Benghazi, the seat of the opposition government with whom South Africa does not have diplomatic ties and therefore cannot extradite anyone to.
Yet that is where they are said to have disembarked. However, had they been extradited to the recognised Libyan government in Tripoli, they could face prosecution.
Herein lies the diplomatic dilemma.
@lowvelder The third group of the 95 Libyan nationals arrived just before 11:00, joining the two other groups at Kruger Mpumalanga International Airport for their deportation to Libya. The CemAir ZS-CMN flight has taken off. The men arrived in South Africa in April and were arrested at a Milites Dei Security Services training centre outside White River in July 26. > Video: Bongekile Khumalo
Based on the principle of non-refoulment under international law, “no one should be returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm. This principle applies to all migrants at all times, irrespective of migration status.”
