A/HRC/40/46
those responsible for violations and abuses against migrants whether they are State or
non-State agents;
(h)
Facilitate the voluntary, safe and dignified return of internally displaced
persons and protect them from revenge attacks and other violence.
81.
The High Commissioner recommends that the international community:
(a)
Provide the International Criminal Court with the resources, free access
to Libyan territory and protection necessary to investigate, prosecute and try the
alleged crimes under its jurisdiction that may have been perpetrated in Libya since 2011;
(b)
Assist the Government of Libya to release all those detained arbitrarily
and others unlawfully deprived of their liberty and to transfer all those lawfully
deprived of their liberty to prisons under the effective and exclusive control of the
Judicial Police of the Ministry of Justice;
(c)
Provide the Government with technical assistance and other support to
reform the State’s criminal justice system, including the penitentiary system, in
accordance with international norms and standards;
(d)
Support programmes of legal aid for those detained, including migrants
and others at particular risk of grave human rights violations;
(e)
Apply a due diligence framework to programmes that support Libyan
security forces and stringent screening procedures of recipients of technical and other
assistance to exclude those suspected of being responsible for violations of international
humanitarian law or violations or abuses of international human rights law or
international crimes;
(f)
Offer effective protection and assistance to victims of human rights
violations, including torture, by ensuring adequate financial and other support to
organizations working on psychological and physical rehabilitation and counselling;
(g)
Ensure that any cooperation and/or support provided under bilateral or
regional migration management agreements with Libyan institutions is consistent with
international human rights, refugee and other relevant international law obligations,
and ensure effective and independent human rights monitoring of the conditions in
Libya, including to ensure that cooperation and/or support provided to Libya is not
contributing to or facilitating, directly or indirectly, human rights violations;
(h)
Ensure respect for the principle of non-refoulement, in accordance with
international law, and expand safe and regular entry channels for migrants and
refugees.
82.
The High Commissioner recommends that the Human Rights Council remain
seized of the progress made towards the situation of human rights and accountability
in Libya.
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