A/HRC/40/46
immediately all attacks on civilians and comply fully with all applicable principles of
international humanitarian law, notably the principles of distinction, proportionality
and precaution, and take steps to end summary executions and other unlawful killings,
put an end to pillage and destruction and appropriation of property and hold
accountable those responsible;
(b)
Declare that such acts will not be tolerated and remove those suspected of
such acts from active duty, pending investigation and prosecution by judicial
authorities in accordance with the law;
(c)
Release immediately all those detained arbitrarily and unlawfully and
transfer all other persons deprived of their liberty to official prisons under the effective
and exclusive control of the Judicial Police of the Ministry of Justice; conduct a
thorough and effective investigation in order to establish the fate and whereabouts of
those forcibly disappeared; locate their remains, when it is concluded that the person is
no longer alive, and hand them over to the relatives; and provide reparations to the
victims and/or their families;
(d)
Facilitate the unfettered and unhindered access to places of detention and
all detainees by United Nations entities and other organizations providing
humanitarian assistance and protection and abstain from any retaliation against
detainees speaking with United Nations and other delegation;
(e)
Take concrete steps to eliminate torture and ill-treatment, including rape
and all forms of sexual violence, notably those acts committed by individuals operating
in support of the State or as its agents.
80.
The High Commissioner recommends that the Government of Libya:
(a)
Address the situation of detainees and all those deprived of liberty by
ensuring that the State has exclusive control of all detention facilities and that all cases
are processed promptly by independent judicial bodies, and by ensuring full respect for
due process and fair trial standards in accordance with Libyan law and international
human rights law;
(b)
Institute a process of disarmament, demobilization and reintegration of
members of armed groups and a vetting programme, compliant with due process
standards, to remove or prevent the recruitment into the State security forces of
individuals concerning whom there are reasonable grounds to believe they have been
involved in violations of international humanitarian law or violations or abuses of
international human rights law;
(c)
Conduct prompt, independent, impartial, thorough and transparent
investigations into serious violations of international humanitarian law and violations
or abuses of international human rights law, ensuring appropriate care and protection
of victims as well as accountability for those responsible, in accordance with the law
and in full compliance with due process and fair trial standards;
(d)
Ensure that the right to due process of detainees is fully respected and
protected, including the right to access legal counsel;
(e)
Transfer women detainees to facilities with sufficient female guards and
other trained personnel, establish gender-appropriate health care and other services
for women and accompanying children in detention and protect women detainees from
torture and sexual abuse or exploitation;
(f)
Extend full cooperation to the International Criminal Court by
facilitating its unhindered access to relevant locations in Libya, witnesses and
information and ensuring full compliance with its rulings;
(g)
Urgently address the situation of migrants to ensure that the rights of all
individuals, regardless of their status, are protected and respected, including by
decriminalizing irregular migration, adopting an effective refugee status determination
procedure and immediately implementing alternatives to detention, and bring to justice
14
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