A/HRC/28/51
(a)
Urgently address the situation of persons deprived of their liberty. Those
detained in connection with the recent conflict, as well as those held since the 2011
conflict, must be released or handed over to the justice system. All detention facilities
must be handed over from armed groups to the effective control of the State.
Authorities must investigate all allegations of torture and other ill-treatment, and
those found responsible must be removed from active duty and brought to justice.
Safeguards against torture and other ill-treatment should also be put in place;
(b)
Develop a comprehensive strategy to address the issue of displaced
persons. Those displaced — including since 2011 — must be allowed to return to their
homes in safety and dignity. In the interim, they must be given protection and
humanitarian assistance, in accordance with the Guiding Principles on Internal
Displacement;
(c)
Resume building State institutions, in particular the armed forces, law
enforcement and the judiciary, as soon as feasible. Enhance security for prosecutors,
judges and the courts as a priority to strengthen the rule of law. Establish a fair and
transparent vetting and recruitment process for the Judicial Police, and ensure that
prison officials are provided with adequate resources and training to effectively
manage their facilities, in line with international human rights standards;
(d)
Ensure full support to the Constitution Drafting Assembly and ensure an
inclusive and consultative drafting process, leading to a constitution that is fully
compliant with international human rights standards, safeguarding dignity, nondiscrimination, equality and human rights for all. National legislation should also be
fully reviewed to ensure its compliance with international human rights standards,
and revised accordingly, with priority to the Penal Code and the Code of Criminal
Procedure;
(e)
Review and strengthen legal and policy protections which guarantee the
rights of women, minorities, children, migrants, refugees and asylum seekers, and
establish measures to facilitate greater access to justice for those groups;
(f)
Bring the transitional justice process back on track, with priority to the
appointment of qualified and independent members of the Board of the Fact-finding
and Reconciliation Commission, taking into account fair gender representation. The
Law on Political and Administrative Isolation should be revised to ensure that vetting
criteria are precise, proportionate and fair. The law on missing persons should be
revised to ensure that benefits extend to all victims, regardless of affiliation, and an
independent and impartial commission on missing persons established;
(g)
Ensure that all those responsible for human rights violations and abuses
are brought to justice, with all the guarantees of a fair trial and due process, including
the ability to speak freely with counsel in confidence, and adequate facilities and
resources to conduct their defence. All necessary measures should be taken to ensure a
safe environment, free of intimidation, for any trial;
(h)
Cooperate fully with the International Criminal Court by assisting its
investigations and complying with its rulings;
(i)
Take all necessary steps to ratify the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the International Convention for the Protection of All Persons from
Enforced Disappearance, the 1951 Convention relating to the Status of Refugees and
its 1967 Protocol and the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights, and withdraw reservations to the Convention
on the Elimination of All Forms of Discrimination against Women.
85.
The High Commissioner further urges Member States of the Human Rights
Council to remain seized of the situation in Libya, and proposes to present an oral
report on the human rights situation in Libya during the twenty-ninth session of the
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