A/HRC/28/51
High Judicial Institute, academics and civil society, UNSMIL/OHCHR continued to
support the review of the codes, which was initiated in 2013, in order to ensure their
compliance with international human rights standards. On 5 February, the General National
Congress issued Law No. 5, amending Article 195 of the Code of Criminal Procedure. The
new provision punishes with imprisonment any person found to be undermining the
17 February Revolution or publicly insulting the legislative, executive or judicial
authorities or disgracing the national flag. The Congress also passed Decree No. 5,
authorizing relevant ministries to discontinue and prevent the broadcasting of satellite
channels that are hostile to the 17 February Revolution or those which “undermine the
security and stability of the country or sow discord and sedition among the Libyans.”
UNSMIL/OHCHR has expressed concern that such broad and vague language could be
used to arbitrarily curtail freedom of expression and opinion. For instance, in November
2014, on the basis of the new provision, the Tripoli Appellate Court convicted Amara alKhatabi, editor of Al-Umma newspaper, in absentia, to five years’ imprisonment for
allegedly defaming public officials. It also barred him from practising journalism and
ordered him to pay compensation to five claimants. The sentence followed the publication
of a 2012 article, in which he named more than 80 judges and prosecutors accusing them of
being involved in corruption.
2.
Law on Counter-terrorism
55.
On 14 September 2014, the House of Representatives passed Law No. 3 of 2014 on
Counter-terrorism, defining terrorism as “any use of force, threat or intimidation for the
purpose of inflicting a serious harm to the public order or endangering the integrity of
society, its interests and safety, when the use of force results in harming individuals or
terrorizing them or endangering their life, public rights and liberties or their safety”. The
definition includes environmental and property offences, attacks on infrastructure, as well
as obstructing or hampering public authorities, diplomatic missions and international and
regional organizations and bodies in Libya. Most of the offences specified under the law are
punishable by life imprisonment or other severe prison terms, although the law also refers
to, but does not specify, “more severe” penalties.
56.
The adoption of such an overly broad definition appears to be in violation of the
principle of legality and carries the potential for arbitrary and discriminatory enforcement.
E.
1.
Transitional justice
Law on Transitional Justice
57.
On 2 December 2013, the General National Congress promulgated Law 29 of 2013
on Transitional Justice, which repealed a previous law on transitional justice. The new law
provided for the establishment of a new Fact-finding and Reconciliation Commission and a
framework for reparations, and emphasized the importance of criminal accountability. It
further provided for a deadline of 90 days from its promulgation — subsequently extended
by another 30 days —, whereby those still detained in relation to the 2011 conflict would be
either charged or released. At the time of writing there had been little progress in that
process.
58.
UNSMIL/OHCHR provided advice to the authorities on the implementation of the
law, as well as extensive comments on the draft law, some of which were incorporated in
the final draft. UNSMIL/OHCHR also organized several meetings with civil society groups
to facilitate their interaction with the Commission and other transitional justice bodies.
12
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