A/HRC/43/75
62.
Bureaucratic hurdles and the lack of cooperation of the authorities continued to
severely limit the access of UNSMIL/OHCHR to detention facilities; it was thus unable to
visit prisons under the control of the Ministry of Justice and the Judicial Police in the east.
Although the Chief of staff of the Libyan National Army instructed the military prosecutor
in Benghazi to facilitate visits in accordance with formal procedures in response to
advocacy by UNSMIL in early July, the latter continued to face constraints on its access to
prisons. In western Libya, UNSMIL was only able to visit Jdaida, Al Jawiya and Ain Zara
A prisons.
Technical support
63.
UNSMIL/OHCHR continued to provide advice to and advocate with the
Government of National Accord, the Judicial Police and armed groups on ways to address
issues relating to judicial process, including ending arbitrary detention, the transfer of
detainees from unlawful places of detention to official prisons, due process rights and
granting unimpeded access to human rights monitors to places of detention.
64.
UNSMIL/OHCHR advocated with other United Nations entities and international
organizations to screen recipients of technical assistance and capacity-building programmes
organized for State authorities to ensure that those responsible for violations of human
rights or violations of international humanitarian and refugee law are excluded from any
support.
65.
In October, UNSMIL and UNDP organized a workshop in Tunis to review the
criminal justice system of Libya and to make recommendations on addressing the gaps. The
workshop gathered 15 representatives from the Ministries of Justice and the Interior and the
Office of the Prosecutor General.
C.
Transitional justice
66.
Little progress was made in implementing the provisions of the Libyan Political
Agreement that commits parties to enforce law No. 29 of 2013 on transitional justice.
67.
On 15 December, the Tripoli Appeals Court acquitted all defendants in the Abu
Salim trial case relating to the massacre of 1,200 people in 1996, including former
intelligence Abdullah Senussi.14 Five defendants who were acquitted died while on trial,
while other defendants were acquitted on the basis of the statute of limitations, as contained
in the Penal Code. UNSMIL notes that the case is subject to further appeal by the State,
which would be an important step enabling the State’s highest court to emphasisz the
inapplicability under international law of statutes of limitations to gross human rights
violations.
68.
On 11 and 12 November, the Appeal Chamber of the International Criminal Court
held a televised hearing on Saif al Islam Qadhafi’s challenge to the admissibility of his case
before the Court. Representing the Government of National Accord, the Minister for Justice
appeared in court, making a statement on Amnesty Law 6-2015,15 arguing that the case was
indeed admissible before the Court. Following widespread reactions within the justice
sector and criticism of his appearance, the Minister published a lengthy statement of his
position. The Prosecutor of the Court reiterated its demand that Libya transfer Mr. Qadhafi.
69.
On 25 September, the Special Representative of the Secretary-General for Libya,
together with the United Nations Deputy High Commissioner for Human Rights, provided
an oral update to the Human Rights Council during an interactive dialogue on Libya. Both
underlined the fact that a mandate by the Council establishing an investigative mechanism
14
15
12
www.facebook.com/ObservatoryLY/videos/2647057822194273/.
The Amnesty Law excludes amnesty for crimes of terrorism, rape, torture, corruption and murder by
race or ethnicity, but fails to rule out amnesties for other serious human rights violations, such as
forced displacement, enforced disappearance and unlawful killing.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents