A/HRC/25/42
Rights, Transitional Justice and Rule of Law Division has called for the independence and
competence of the judiciary to be strengthened through reform of the composition of the
Supreme Judicial Council and enhanced integrity and accountability, as laid out in the
Bangalore Principles of Judicial Conduct.
28.
After the revolution, the Supreme Judicial Council abolished the State security
courts and the Constitutional Declaration issued by the National Transitional Council in
2011 forbade the establishment of special courts and provided for the right of appeal for
administrative decisions. The Government has also carried out a number of important
initiatives to reform the judiciary and enhance its independence. In May 2013, the General
National Congress amended the law on the status of the judiciary to allow for the election
by peers of 11 out of 13 members of the Supreme Judicial Council. The law also provides
for the Prosecutor General and the head of the Judicial Inspection to be ex officio members
of the Supreme Judicial Council. In June 2013, the Supreme Judicial Council elected its
President and is now considering proposals to further advance judicial reform.
29.
In a further welcome step, the Congress adopted a law abolishing the jurisdiction of
military courts over civilians in April 2013. In addition, a law establishing a specialized
administrative justice order and a constitutional court is being prepared. This reform aims
to increase the ability of citizens to challenge administrative decisions and laws.
30.
Ensuring a safe environment for judges and prosecutors is a fundamental necessity
for the effective administration of justice. The security apparatus of the Government and
the Judicial Police in particular does not yet have sufficient capacity, training or equipment
to ensure the security of judicial officials. Prosecutors and judges are frequently subjected
to intimidation and assaults. Prosecutors ordering the release of former regime members or
the arrest of members of armed brigades are the primary target of such attacks and threats.
On 6 December 2012, the Prosecutor General was assaulted by members of an armed
brigade in his office for having issued an arrest warrant against one of its members. In
2013, a number of senior judges were assassinated. The most senior judge and prosecutor
of the Green Mountain region were both assassinated in Derna in 2013. The bombing of the
North Benghazi Court in August 2013, which followed several similar bombings in Derna
and Sirt, further highlighted the vulnerability of the judiciary. In addition, armed brigades
besieged the Ministry of Justice on two separate occasions in 2013. In response, judges
organized a series of strikes to protest against the lack of security. This lack of security has
impeded the effective investigation of human rights abuses, such as widespread torture in
detention and other grave incidents, including the series of assassinations continuing in
Benghazi and the violence against peaceful protesters which took place on 15 November
2013 in Tripoli.
31.
The Human Rights, Transitional Justice and Rule of Law Division has been working
closely with the High Judicial Institute, which leads on the training of judges and
prosecutors. The Institute had already worked with the United Nations Development
Programme (UNDP) and UNODC on updating the training curricula before the revolution
and has since intensified its programme with the assistance of the Division. In association
with the institute and in cooperation with the Ministry of Justice, the Division organized
five training workshops for judges and prosecutors in 2012 and 2013 on the screening of
detainees, the preparation of prosecutorial strategies, the investigation of conflict-related
and post-conflict crimes and the application of international human rights and rule of law
standards. Each workshop was attended by between 25 and 30 judges and prosecutors from
different regions of Libya. The Division raised awareness of international human rights
instruments and facilitated the sharing of comparative experiences, contributing to
enhancing the capacity of Libyan judges and prosecutors.
32.
The Division has also worked closely with the Office of Human Rights and
Humanitarian Law of the Ministry of Defence by providing advice and organizing two
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