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Stemming the Flow:
Abuses Against Migrants, Asylum Seekers and Refugees
I.
Summary
Methodology
II.
Key Recommendations
To
the Government of Libya
To
the European Union
To
the Government of Italy
III.
Background
Libya's
Geography
Libya's
Political System...
Human
Rights in Libya
Foreigners
in Libya
IV.
Denial of the Right to Seek Asylum...
Draft
Asylum Law..
UNHCR
in Libya
V.
Abuse during Arrest
Arrests
on Entry and Departure
Arrests
in Urban Sweeps
VI.
Abuse in Detention
Detention
Conditions in Kufra
Conditions
in Other Detention Facilities
Deportation
Facilities
Conditions
in al-Fellah Deportation Center
VII.
Forced Return
The
Deportation Process
Dangers
During Deportation
Eritreans
at High Risk of Refoulement
Temporary
Reprieves for Some Nationalities
VIII.
Other Abuses Against Migrants and Refugees
Racially
Motivated Violence
Foreigners
in the Criminal Justice System...
Torture
Unfair
Trials
Prison
Conditions
Executions
of Foreigners
IX.
Legal Standards
Libyan
Law..
Laws
Regulating the Entry, Stay and Departure of Foreigners
Other
National Legislation
Libya
and International Law..
Libya's
Human Rights Commitments to Refugees and Migrants
Equal
Application of Human Rights Obligations to Non-Nationals
X.
Role of the European Union and Italy
The
E.U.'s "Externalization" Agenda
Libya
as Partner in E.U. "Externalized" Asylum Processing
Absence
of Refugee Protection Preconditions
Libya's
Reservations on Cooperation with the E.U.
The
Italian Dimension
Detention
in Italy103
Expulsions106
Push-backs113
Italy
in Breach of its Human Rights Obligations114
Lack
of Legal Basis for Returns to Libya117
XI.
Detailed Recommendations119
To
the Government of Libya119
To
the African Union121
To
the U.N. High Commissioner for Refugees (UNHCR)121
To
the U.N. High Commissioner for Human Rights (OHCHR)122
To
the International Organization for Migration (IOM)122
To
the European Union123
To
European Union Institutions and E.U. Member States124
To
the Government of Italy125
XII.
Acknowledgements127
Appendix
I128
Introduction128
Mistreatment
During Arrest, Detention and Deportation130
The
Absence of any Laws or Regulations to Govern the Asylum Process133
Other
Mistreatment of Migrants and Refugees134
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