A/HRC/28/51
standards. In November, it took part in a regional exchange on human rights complaint
mechanisms within detention centres.
3.
The judiciary and the courts
48.
The deteriorating security environment has impacted heavily on the judiciary,
further undermining the effective administration of justice and the process of reform.
Prosecutors and judges have been frequently subjected to intimidation and attacks, in the
form of court bombings, physical assaults, abduction of individuals or family members and
unlawful killings. An explosion on 6 January led to the death of a police officer guarding
the South Benghazi Court. Former Prosecutor General, Judge Abd al-Aziz al-Hasadi, was
assassinated in Derna on 8 February. Two months later, Deputy Director General of the
High Judicial Institute, Judge Kamal al-Bahari, was abducted from his office and released
the following evening. The offices of the Prosecutor General and courts in central Tripoli
were hit by shells on 20 August.
49.
The attacks are often intended to prevent the release of members of the former
regime and to thwart the arrest and prosecution of members of armed groups. Law
enforcement officials and the Judicial Police do not have sufficient capacity, training or
resources to ensure the security of the judiciary or to undertake effective investigations.
50.
The courts in Derna, Benghazi and Sirte effectively stopped functioning since March
2014, and in Tripoli during the fighting in July and August. There has been no known
prosecution of leaders or members of armed groups, despite serious and continuous human
rights abuses being carried out. Social dispute-resolution mechanisms, such as councils of
elders, have emerged to fill the gap created by the largely non-functioning courts, further
undermining the rule of law.
51.
To compound matters, on 31 August 2014, the Government announced that it had
lost control of most ministries and government facilities in Tripoli, including the Ministry
of Justice. UNSMIL/OHCHR subsequently received a number of reports that the archives
of the ministries of Justice, Defence and the Interior, in Tripoli, had been broken into and a
large number of files, including civilian criminal investigation files, were taken by fighters
apparently belonging to Libya Dawn.
52.
Prior to the recent violence, UNSMIL/OHCHR had advised the authorities on the
need to conduct a threat assessment and adopt appropriate security plans for the protection
of the courts and the judiciary, with the support of the ministries of the Interior and
Defence, due to the limited capacity of the Judicial Police to confront the scale of the
security challenge.
53.
UNSMIL provided technical advice on an ongoing comprehensive judicial reform
process to the High Judicial Institute, which trains judges and prosecutors, and the Supreme
Judicial Council, which governs and administratively manages the courts and the judiciary.
The process includes reform of the organization and functioning of the court system and a
review of career development policies of the judiciary. In February 2014, UNSMIL and the
United Nations Development Programme (UNDP) organized a study tour to Italy for
members of the Council to interact with counterparts on judicial reform and security issues.
D.
1.
Legal reform
Penal Code and Code of Criminal Procedure
54.
The Libyan Penal Code and Code of Criminal Procedure have gaps as well as
provisions that are not in line with international human rights standards. In coordination
with UNDP, the United Nations Office on Drugs and Crime, the Ministry of Justice, the
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