A/HRC/16/15
87.
In response to questions regarding restrictions on freedom of expression, opinion
and the press, the Libyan Arab Jamahiriya reaffirmed that any citizen could freely express
his or her views. The country had many independent newspapers that had criticized the
Administration, and there were other privately owned media. A draft law on this issue was
under way but had not yet been enacted, and the 1972 press law would soon be amended to
resolve the pending issues.
88.
Regarding corporal punishment, the relevant penalties or sanctions had not been
applied for more than 40 years, except in two cases regarding haraba, which was the most
serious crime of terrorism. The Penal Code was under review, and such punishment would
be repealed.
89.
Regarding the point raised about the people’s court and the security court, there
were two different courts. The people’s court no longer existed, and the state security court
was an ordinary court governed by the penal code. The court was composed of judges
appointed by the Court of Appeal. None of the court’s members had special privileges
different from the privileges of other judges. Any complaint could be brought regarding
these members of the court, and this court was under the supervision of the Supreme Court.
As its decisions could be appealed before the Supreme Court, it was not an exceptional
court.
90.
The Libyan Arab Jamahiriya was a party to the Convention against Torture, and the
Convention took precedence over national legislation. National legislation also provided for
the protection of victims of torture and the right to file a complaint. Various laws in the
penal code imposed severe sanctions on any perpetrators of torture or arbitrary detention.
Perpetrators found guilty were punished with severe sanctions, and some were sentenced
for up to two years of imprisonment.
91.
Finally, the delegation thanked all delegations who had submitted recommendations
and took note of them. The Libyan Arab Jamahiriya invited all non-governmental
organizations and other relevant stakeholders in the Council to visit the Libyan Arab
Jamahiriya so they could see in person the status of human rights on the ground. Justice was
achieved in accordance with divine law, and the Libyan Arab Jamahiriya must refer to what
was stated in the holy Koran, noting that we were all equal and could improve ourselves
only through our convictions.
92.
The Libyan Arab Jamahiriya indicated that it looked forward to a constructive and
effective dialogue with all States.
II.
Conclusions and/or recommendations
93.
The recommendations formulated during the interactive dialogue and listed
below have been examined by the Libyan Arab Jamahiriya and enjoy its support:
93.1.
Take necessary measures to accede to CRPD (Oman);
93.2. Adopt and implement a definition of torture consistent with its
obligations under the International Covenant on Civil and Political Rights and
the Convention against Torture and Other Cruel, Inhuman, Degrading
Treatment or Punishment (United States);
93.3. Adopt domestic legislation to absolutely abolish practices of torture on
its territory (United States);
93.4. Step up efforts to consolidate the rule of law and national human rights
protection institutions (Viet Nam);
14
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