A/HRC/40/46
related to abuses committed since 2011, including in cases where the State announced
investigations and vowed that those responsible would be brought to justice.
B.
Obstacles to the implementation of the Libyan Political Agreement
56.
The implementation of the provisions of the Libyan Political Agreement related to the
administration of justice and establishment of the rule of law remained stalled until
September 2018, as armed groups refused to release persons held in their custody without a
legal basis or to hand them over to the judicial authorities.
57.
On 17 September, the Presidency Council established a committee mandated to
review the lawfulness of the detention of some 3,600 detainees held at the Mitiga detention
facility controlled by the Special Deterrence Force armed group. Also in September, the
Office of the Prosecutor General set up a committee with a similar mandate. According to
the Office, 800 detainees had been screened by 7 November; 300 of them were reportedly
released while the remainder, including some 40 women, were transferred to prisons under
the Ministry of Justice. On 6 November, UNSMIL/OHCHR visited Jdeida prison, with the
support of the Minister of Justice. Half of the detainees there had recently been transferred
from Mitiga as part of the screening process. Some release orders by the committees have
not been implemented by the Special Deterrence Force. Moreover, the review process
remains limited to Mitiga prison and does not include all categories of detainees such as those
accused of drug-related crime, homicide or terrorism.
58.
The Libyan Political Agreement granted the authority to arrest and detain exclusively
to law enforcement bodies established by law. 9 On 7 May, the Presidency Council adopted
decree No. 555 of 2018, renaming the Special Deterrence Force “Deterrence Body for
Combating Organized Crime and Terrorism” and granting it a nationwide remit, an
independent budget and extensive powers, including of arrest, detention and surveillance.
National and international stakeholders, including the High Commissioner for Human Rights,
raised concerns about the decree but these remained unanswered. On 10 May, Prime Minister
Fayyaz Serraj sent the decree to the Ministry of the Interior for review. However, the result
of the review has not been made public and the decree remains in force.
C.
Arbitrary detention, deprivation of liberty, torture and ill-treatment
59.
In their report Abuse Behind Bars: Arbitrary and Unlawful Detention in Libya,
OHCHR and UNSMIL found that arbitrary detention, unlawful deprivation of liberty,
enforced disappearances and torture and other ill-treatment remained systematic across the
country. In 2018, UNSMIL conducted nine visits to prisons and detention facilities in western
Libya, including in Gharyan, Misrata, Tarhuna and Tripoli. Visits were suspended between
April and November due to difficulties in obtaining authorizations for access. UNSMIL was
unable to conduct any visits to prisons and detention centres in eastern Libya, despite
numerous requests to the Libyan National Army.
60.
Armed groups, including those acting on behalf of the State or the de facto authorities
in the east, carried out arbitrary arrests and detentions. Victims included individuals targeted
for their tribal or family identity, opinion, or for political or financial gains.
61.
According to the Judicial Police, as of end November, approximately 6,400 detainees
were held in 26 official prisons. 10 Some 75 per cent were in pretrial detention, including
hundreds detained since the 2011 armed conflict. The number of detainees held in facilities
run by the Ministry of Defence, the Ministry of the Interior or directly by armed groups
remains unknown.
62.
Most of those held by armed groups were either never brought before judicial
authorities or were referred to judicial authorities after several delays. Detainees were often
9
10
10
Articles 26 (2), (3) and (4) and 44.
Information provided to UNSMIL at a meeting with officials from the Ministry of Justice held on 16
November 2018.
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