A/HRC/28/51
Ministry of Justice, as of March 2014, 6,200 people were held under its control across the
country. Only 10 per cent of them had been tried and were serving prison sentences.
42.
As a result of the serious security challenges faced by the authorities, progress in the
judicial screening of detainees and the release of those who would not be prosecuted has
been minimal despite successive deadlines set by national legislation. While, scores of
detainees have been released from detention facilities in Al-Zawiya and Misrata, the vast
majority continue to await judicial process.
43.
UNSMIL/OHCHR is concerned that, amidst the heightened violence and political
vacuum, persons held in detention are at increased risk of abuse, as it has received several
reports of torture and other ill-treatment. Conditions in some facilities, such as Al-Jawiya
prison in Misrata, officially under the Ministry of Justice, seem to have deteriorated, with
reports of beatings and other abuses. UNSMIL also documented individual cases of torture
carried out by armed groups from Warshafana and Al-Zawiya (in particular in Al-Jazira and
Al-Jandubi prisons) and in Tripoli (in particular in Mitiga and Abu Salim detention
centres). Three inmates were killed in unclear circumstances, allegedly during a prison riot,
in Al-Sikt prison in Misrata, on 29 August. On 22 October, more than 130 detainees were
removed by the Benghazi Revolutionaries Shura Council from Buhdeima military prison to
an unknown location, reportedly to be tried in accordance with sharia.
44.
During the course of 2014, UNSMIL/OHCHR staff visited, at least once, some 20
detention centres, mostly in western Libya, where the largest concentration of detainees is
found. Through that monitoring, UNSMIL notified the authorities in control of the facilities
and relevant ministries of pertinent issues and specific cases requiring attention, and made
recommendations to improve the conditions of detention, in an attempt to bring them into
line with international human rights standards, including the Standard Minimum Rules for
the Treatment of Prisoners.
2.
The Judicial Police
45.
The Libyan authorities have continued to integrate members of armed groups into
the Judicial Police, whose responsibilities include managing prisons, enforcing court
decisions, maintaining the security of courts and apprehending fugitives. By June 2014,
approximately 10,000 members had been integrated into the Judicial Police. Despite advice
from UNSMIL/OHCHR on international standards relating to vetting procedures, no formal
vetting process was undertaken. The Judicial Police face challenges in ensuring control
over the facilities it is nominally responsible for. Many armed groups continue to retain
command structures and exercise autonomous control over those facilities, even when they
are formally under the authority of the Ministry of Justice.
46.
While UNSMIL/OHCHR has observed that basic security has been maintained for a
number of prisons, the recent violence has presented further challenges for the Judicial
Police. Only about 50 per cent of Judicial Police officers are estimated to have been
reporting for duty during the fighting. Prisons have also been affected by the disruption in
basic services, which has led to a lack of medical supplies and scarcity of certain food
items.
47.
In February 2014, UNSMIL/OHCHR assisted the Judicial Police in conducting a
census of detainees. For the first time since the 2011 conflict, the exercise provided the
authorities with snapshot data on detainees, including their name, age, gender, charges and
legal status. The census facilitated the follow-up of specific cases. UNSMIL/OHCHR
further advised on the development of information management systems to ensure
sustainable means of maintaining and retrieving timely data on detainees. In May,
UNSMIL/OHCHR cooperated with the World Organisation Against Torture in providing
capacity-building sessions on increasing prison authorities’ awareness of human rights
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