A/HRC/31/47
2015 that 73 per cent of all schools in Benghazi were not functioning. Schools have been
either damaged, destroyed, occupied by internally displaced persons, converted into
military or detention facilities or are otherwise dangerous to reach. OHCHR investigated
the case of a primary school in Benghazi that had been used as a base and detention facility
by an armed group. Children residing in camps for the internally displaced and children
with disabilities face particular challenges in their access to education.
42.
According to the Office for the Coordination of Humanitarian Affairs, food
insecurity affects some 1.2 million people in Libya. In addition to the effects of the conflict,
the Government’s decision to reduce or cut food subsidies in November 2015 had an
adverse impact on access to food. Furthermore, major water networks have been disrupted,
which has affected access to safe drinking water, sanitation and hygiene. OHCHR
investigated one case in Al-Sasiriyah where the water supply was apparently deliberately
cut by an armed group.
G.
Administration of justice
43.
Judges and prosecutors were at risk of murder, court bombings, assaults and
abductions throughout 2014 and 2015. At times, attacks were linked to specific demands,
such as the detention or release of certain individuals, or to thwart the arrest and
prosecution of armed group members. As a result, courts in Derna, Sirte and Benghazi
ceased their activities in 2014; some courts in parts of Benghazi reopened, though only to a
limited extent, in 2015. Courts in Tripoli temporarily suspended activities during the
fighting in mid-2014.
44.
On the basis of the information received, OHCHR assesses that the system for
providing security for judicial actors through the Judicial Police is inadequate and flawed.
The Judicial Police includes in its ranks thousands of members of armed groups integrated
without any comprehensive vetting programme. According to information received by the
UNSMIL Human Rights Division, which is supported by OHCHR, only about half of
Judicial Police officers reported for duty during the fighting in 2014. Even at full strength,
the Judicial Police force lacks the capacity and equipment to repel well-armed attacks. In
many facilities, control is effectively exercised by armed groups. In the absence of proper
protection, the judiciary cannot deliver justice. As a former Minister of Justice told
OHCHR, “a frightened judge cannot rule”.
45.
Since the armed conflict in 2011, thousands of individuals remain detained.
According to the Ministry of Justice, as at March 2014, only 10 per cent of the 6,200 people
held in its detention facilities were serving prison sentences following a trial. The vast
majority continue to be held without having had their cases properly examined to determine
whether sufficient evidence exists for them to be charged or released. It is believed that the
number of conflict-related detainees increased during 2014 and 2015.
46.
Owing to the collapse of the criminal justice system in many parts of Libya, victims
have little recourse to protection, or to an effective remedy for violations and abuses.
UNSMIL/OHCHR previously reported that little action had been taken to open prompt,
thorough, effective, impartial and independent investigations and to bring perpetrators to
justice.7 To date, there have been very few investigations and no prosecution of leaders or
members of armed groups relating to the events of 2014 and 2015. There is also concern
that judicial actors have become compromised by succumbing to pressure from armed
7
10
See UNSMIL and OHCHR, “Human rights defenders under attack”, 25 March 2015.
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