A/HRC/34/42
involved in violations of international human rights law or international humanitarian
law, or abuses of human rights;
(c)
Address the situation of detainees, whether foreign or Libyan nationals,
including by ensuring that the State is in control of all detention facilities and that
cases are screened with a view to detainees being released or charged and judged in a
trial affording all procedural guarantees, in accordance with Libyan law and
international standards;
(d)
Ensure access to legal counsel and courts for detainees and their families
to seek legal review. Monitoring organizations should be permitted regular,
unhindered and without-notice access to all places of detention;
(e)
Ensure the proper treatment of foreign or Libyan nationals in detention
or deprived of liberty, including by eliminating torture and other ill-treatment,
including sexual violence. Access to medical treatment and sufficient food and water
must be ensured;
(f)
Address urgently the situation of migrants to ensure that all individuals,
regardless of their status, are able to enjoy their human rights, including by
decriminalizing irregular migration, adopting an effective refugee status
determination procedure and implementing alternatives to detention;
(g)
Ensure protection for the judiciary and its independence;
(h)
Extend full cooperation to and support for the International Criminal
Court by assisting its investigations and complying with its rulings;
(i)
Facilitate a voluntary, safe and dignified return of persons who are
currently internally displaced, including the Tawerghan community;
(j)
87.
Appoint a focal point on justice issues.
The High Commissioner recommends that the international community:
(a)
Provide the Office of the Prosecutor of the International Criminal Court
with the resources necessary to investigate and prosecute the alleged crimes under
international law committed in Libya since 2011;
(b)
Prioritize support for the demobilization, disarmament and
reintegration of members of armed groups, to be conducted in compliance with
international human rights standards;
(c)
Apply a due diligence framework to programmes that support the
security forces and stringent screening procedures to recipients of technical
assistance;
(d)
Ensure protection of and practical assistance to Libyan human rights
defenders, including by facilitating emergency visas, temporary shelter and relocation
where necessary, and consider the establishment of a fund to support human rights
defenders at risk;
(e)
Consider establishing a programme of medical support to victims of
human rights abuses and violations;
(f)
Ensure respect for the principle of non-refoulement and provide
protection, in accordance with international law, for those with a well-founded fear of
persecution;
(g)
Ensure that any cooperation with the Government of Libya, including in
relation to migration, is compliant with international human rights standards.
17
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