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. 15

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