A/HRC/43/75
separate workshops on the universal periodic review process for government officials from
the Ministries of Justice, the Interior and Foreign Affairs, and civil society representatives.
50.
During the visit of the Special Rapporteur on human rights defenders in Tunis
between 15 and 17 November, UNSMIL/OHCHR briefed him on the current situation of
defenders in Libya, and the challenges and threats faced by civil society organizations,
including a lack of legal protection, sustainable relocation, vocational trainings and work
integration programmes. UNSMIL/OHCHR also discussed the support for asylum claims
of defenders, particularly those in precarious and vulnerable situations in countries where
they are relocated.
51.
With regard to the right to freedom of expression and the obligation to prevent
incitement to violence and hate speech, UNSMIL/OHCHR facilitated a session in two
separate workshops for media professionals, organized in Cairo on 3 and 4 November, and
in Tunis on 9 September.
VI.
Administration of justice
A.
Overview
52.
The ongoing armed conflict continued to impede the functioning of the judicial
system, limiting its ability to process cases of human rights violations or to bring those
responsible to justice. Perpetrators of serious human rights violations and abuses continued
to operate without fear of being held to account for their crimes.
53.
Civilian and military courts in the east and south remained mostly closed, while they
operate at low capacity in other parts of the country. Despite increasing demands by the
public and civil society for the prosecution of perpetrators of serious violations of
international humanitarian law and gross violations and abuses of human rights,
UNSMIL/OHCHR is not aware of any prosecution of members of armed groups affiliated
either to the Government of National Accord or the Libyan National Army for crimes
relating to abuses committed since 2011. In January 2019, a Benghazi court martial
revoked an arrest warrant against Mahmoud Al Werfalli, who was also reportedly
promoted, although the International Criminal Court had issued two further warrants for his
arrest for war crimes.11 Saif al IslamQadhafi, Mohamed Khaled Al Tuhamy and Mr. AlWerfalli, all indicted by the International Criminal Court, remained at large. 12
54.
The elections for the third term of Supreme Judicial Council were held in July in
Tripoli and seven other judicial zones across the country, despite tensions between East and
West Libya. The first formal meeting of the newly elected Supreme Judicial Council was
held in Tripoli on 6 October. The new Supreme Judicial Council comprises representatives
from both eastern and western parts of the country. The newly elected Council members
had rejected involvement in political issues.
55.
Members of the judiciary continued to be attacked and threatened. On 24 October,
an unidentified armed group raided the house of a judge in Benghazi, demanding the
release of a person charged from detention. On 28 October, the Libyan Association of
Members of the Judiciary issued a statement condemning the incident and demanding
prosecution of the perpetrators.13
11
12
13
10
www.icc-cpi.int/Pages/item.aspx?name=191106-stat-icc-otp-UNSC-libya.
Ibid.
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