A/HRC/25/42
would include transitional justice measures addressing, inter alia, the need to establish the
facts on the events relating to Misrata and Tawergha as a necessary step towards the
resolution of the dispute between the two communities. The Division has also provided
advice for a proposed national conference on internal displacement in Libya organized by
the Government, which has not yet taken place. The Division will provide further support
to the Government in addressing the situation in accordance with the Guiding Principles on
Internal Displacement.
5.
Migrants, refugees and asylum seekers
19.
The situation of migrants remains a major concern. According to the Ministry of the
Interior, as of November 2013 there were 4,775 persons held under Law 19 of 2010 in
detention centres throughout Libya, including in Ajdabiya, Brak al-Shati’, al-Hamra
(Gheryan), al-Khoms, Sabratha and Surman. Law 19 of 2010 states that “[t]he foreigner,
who is an illegal migrant, is punished by imprisonment with labour or a penalty not
exceeding 1,000 [Libyan] dinars. In all cases, the foreigner convicted of one of the crimes
enumerated in this law shall be deported … once the punishment is completed.” Conditions
in the detention centres are extremely poor, with chronic overcrowding, reports of illtreatment and forced labour and a lack of basic sanitary and hygiene standards. Moreover,
the Libyan authorities have not established a screening mechanism to guarantee the
protection of vulnerable individuals, such as children, and limited efforts have been made to
address the situation. The Libyan authorities have noted that further resources are required,
as well as further international and regional cooperation.
20.
UNSMIL is working closely with UNHCR, the International Organization for
Migration and other international agencies in advocating for the rights of migrants, refugees
and asylum seekers and participating in joint monitoring visits to the detention centres.
UNSMIL has also worked closely with the United Nations Office on Drugs and Crime
(UNODC) in providing training for police officers which covered, inter alia, the protection
of the rights of smuggled migrants and the importance of not conflating migration issues
with the fight against the trafficking of persons and transnational criminal networks. The
Human Rights, Transitional Justice and Rule of Law Division will continue to follow the
situation and provide advice to the authorities on addressing issues relating to the
promotion and protection of the rights of migrants, refugees and asylum seekers.
B.
Administration of justice
1.
Detention related to the 2011 conflict
21.
The situation of conflict-related detainees remains a critical concern in urgent need
of resolution. According to the Ministry of Justice, as of the end of December 2013, fewer
than 7,000 such detainees were held across the country, mostly by armed brigades, without
any proper judicial process. Since 2012, the Government has sought to bring armed
brigades involved in detentions under the official authority of the State by affiliating them
to specific ministries, even though in many cases the armed brigades have retained actual
control of the detention centres.
22.
On 1 October 2013, OHCHR and UNSMIL issued a joint report describing the
treatment of detainees in Libya.7 The reports sets out how prolonged detention and
interrogation at the hands of armed brigades without experience or training in the handling
of detainees, as well as the lack of effective judicial oversight or accountability, has created
7
Available from http://www.ohchr.org/Documents/Countries/LY/TortureDeathsDetentionLibya.pdf.
7
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