A/HRC/34/42
Support
54.
UNSMIL/OHCHR has worked to directly support victims by intervening with the
Government and other counterparts on individual cases and issues of concern and regularly
briefing the international community. It has also analysed by-laws issued by the Civil
Society Commission, the authority that oversees the operation of international nongovernmental organizations, and briefed Libyan officials and the international community
on the lack of compliance of the by-laws with international human rights standards.
55.
UNSMIL/OHCHR has regularly issued public statements on groups in focus,
including on the assassination of Abdul Basit Abu-Dahab in March; the killings of four
migrants from the Al-Nasr detention facility in April; and the establishment of a women’s
support and empowerment unit by the Presidency Council in September. On World Press
Freedom Day, UNSMIL issued a video and statement in support of journalists in Libya. It
has organized or supported workshops for civil society, jointly with the Cairo Institute for
Human Rights Studies, the Heinrich Böll Foundation, Tunisian and Libyan organizations
and United Nations partners. It also supported a workshop for the Department for
Combating Illegal Migration on international standards that relate to migration and asylum.
56.
It has been observed that essential support is usually lacking for the protection of
media professionals, activists and human rights defenders, including financial support for
persons at risk to leave and remain outside Libya until it is safe to return. Ongoing capacitybuilding for human rights defenders, particularly for women defenders, also remains a
relevant need.
V. Administration of justice
A.
Overview
57.
International human rights law obliges States to ensure that any person whose rights
are violated has access to an available, prompt and effective remedy. That is usually
achieved through an appropriate legal framework and a functioning justice system. In
Libya, the existing legal framework needs to be reviewed, to bring it into line with
international human rights standards. However, in the current unstable environment, serious
efforts at law reform are not possible. The justice system has faced ongoing attacks that
have severely limited its functioning. From June 2012 to July 2016, UNSMIL/OHCHR
documented 37 cases of attacks on judges and prosecutors. Political pressures at the local
and regional level also impact the impartiality of the judiciary.
58.
The inability of the justice system to function effectively has led to widespread
impunity, particularly for abuses by armed groups. Despite the daily abuses,
UNSMIL/OHCHR is unaware of any prosecution of armed group members or State
officials for crimes related to abuses committed since 2011. On a positive note, despite the
political divide and the fragmentation of State institutions, key bodies such as the Supreme
Court, the High Judicial Council, the Prosecutor General and the Judicial Police (the prison
service) remain united.
B.
The constitution
59.
The elected Constitution Drafting Assembly met in March and April to finalize the
draft constitution. On 23 March, the High Commissioner wrote to the members of the
Assembly to urge them to strengthen the human rights provisions in the draft, in line with
international standards. He emphasized the need to prohibit discrimination, including
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