- Report of the Office of the High Commissioner for Human Rights on Libya
- Summary by the Office of the High Commissioner for Human Rights of NGO submissions
Libya has ratified important international treaties protecting human rights including the International Covenant on Civil and Political Rights in 1988 and the Convention against Torture in 1989; yet many domestic laws in force are in flagrant conflict with their principles. To this day, Libya does not have a Constitution; the creation of political parties is prohibited and exposes offenders to severe criminal penalties; and its own domestic laws are routinely flouted. The government does not cooperate constructively with the UN conventional and extra-conventional human rights protection mechanisms.
There are several forms of arbitrary detention: incommunicado detention following arrest by the National Security Services (Al Amn Al Addakhil) or the external security services (Al Amn Al Kharridji); continued detention after completion of the sentence; continued imprisonment despite a court ruling acquitting the detainee or releasing him for medical reasons; and prolonged imprisonment without trial.
Libyan law prohibits the use of torture but does not define what this means. Article 435 of the Penal Code punishes the officer who uses or orders the use of torture on prisoners with a term of three to ten years in prison. Act No. 20 of 1991 on the "consolidation of freedom" forbade the accused from being subjected to any form of physical or psychological torture. In reality, torture is systematically practiced in a climate of total impunity. It is also used to obtain confessions. The judges ignore it, they do not accept complaints and do not order investigations.
Torture and abuse are not only practiced in police custody or detention centres belonging to the Internal and External Security Services but also in prisons where inmates continue to suffer torture and abuse. We must also remember that a massacre was perpetrated in the prison of Abu Slim, Tripoli on 23 June 1996 by the Libyan security services under the direction of the head of intelligence, who is still in office. During the massacre one thousand two hundred political prisoners were summarily executed. So far, the authorities have not released the findings of an investigation which they had promised to release on 15 February 2010.
Alkarama's recommendations:
1. Enact a Constitution that guarantees and protects the fundamental rights of citizens and is in conformity with principles laid down by international pacts and conventions ratified by the state.
2. Cancel all judgments rendered by emergency courts and release all persons sentenced after unfair trials or detained in cases where no trial has been held, or they have been acquitted or released for medical reasons.
3. Prohibit incommunicado detention in the premises of all security services and other places of detention and establish a system of independent control over all places of detention in the country.
4. Incorporate the crime of torture as defined by Art. 1 of the Convention into domestic law; establish independent investigations into allegations of torture; prosecute and convict those responsible for these acts; and compensate victims and/or their families.
5. Ensure that the composition of the judiciary is consistent with the Principles on the Independence of the judiciary, paying particular attention to the principle of immovability of judges, ensuring the complete removal of the interference of the Executive in the Judiciary.
6. Observe the right to a fair trial in practice, including abolishing the ability of the State Security and Military Courts to try civilians.
7. Establish an independent commission of inquiry into the massacre of Abu Slim, composed of individuals chosen by the families of victims.