<<previous | index | next>>
When it comes to justice and the judiciary in the
Great Jamahiriya, we are keen to be up to standards
we seek to amend laws with
that in mind. Ali Umar Abu Bakr, secretary of justice, Tripoli, April 28, 2005
Human Rights Watch makes the following preliminary
recommendations to assist Libya in reforming its laws and practices to comply
with international standards on detention, due process, and womens human
rights. We also encourage the government of Libya to invite the U.N. Working
Group on Arbitrary Detentions (as per their request) for an official country
visit to carry out more specialized follow up.
- Release all women and girls detained in social
rehabilitation facilities who have not been charged with or convicted of a
crime, and those who have served their sentence.
- Cease the operation of these facilities as they are
currently run. Until such time, provide all women or girls with their full
due process rights including their rights to legal counsel and judicial
review.
- Establish voluntary shelters for women and girls at risk
of violence that function as refuges without compromising the residents
privacy, personal autonomy, and freedom of movement.
- Repeal regulations that condition a womans release from
any form of detention on a male relative claiming custody of her.
- Repeal Law No. 70 (Regarding the Establishment of the Hadd
Penalty for Zina Modifying some of the Provisions of the Penal
Law) of 1973.
- Pending repeal of the zina law, ensure that women
accused of the crimes of adultery and fornication are afforded due process
rights. When detained, authorities must inform them of the charges against
them, formally charge them, and allow them to contact family members and
legal counsel.
- Prosecute perpetrators of domestic and sexual violence to
the fullest extent of the law.
- Enact a specific set of laws explicitly criminalizing all
forms of family violence.
- Prohibit judges from suggesting the marriage of the
perpetrator and the victim as a remedy in rape cases.
- Cease immediately the practice of forcing detained women
and girls to undergo virginity examinations against their will.
- Use solitary confinement for adults detained in social
rehabilitation facilities only as a last resort and for relatively short
periods of time. It should be imposed and, where necessary, renewed, on a
case-by-case basis, under strict supervision, including by a physician,
and only for legitimate penological reasons of discipline or preventive
security.
- Prohibit the use of disciplinary measures for detained
children that involve closed or solitary confinement or any other
punishment that may compromise the physical or mental health of the child.
Use cell confinement only when absolutely necessary for the protection of
a child. Where necessary, it should be employed for the shortest possible
period of time and subject to prompt and systematic review.
- Collect and disseminate, in a timely and transparent
manner, comprehensive national statistics on violence against women,
detailing the nature and degree of violence, rates of prosecution and
conviction, and the average sentences and penalties.
- United Nations agencies operating in Libya, such as the United Nations Development Programme (UNDP), the United Nations Childrens Fund
(UNICEF), and the World Health Organization, should pay particular
attention to violations committed against women and girls in social
rehabilitation facilities and develop programs and strategies designed to
curb these abuses.
- UNDP, in conjunction with the Libyan government and
nongovernmental organizations, should design and implement service
programs for women victims of sexual and other violence, including legal
literacy, legal aid, counseling, shelter, and job training programs.
- The U.N. Special Rapporteur on Violence against Women, its
Causes and Consequences should request a visit to Libya to assess the extent of violence against women in the country and evaluate the
states response.
- The African Commission on Human and Peoples Rights should
examine the abuses against women and girls in Libyas social
rehabilitation facilities and urge appropriate reforms. The Commissions
Special Rapporteur on the Rights of Women in Africa should request a visit
to Libya to assess violations of womens human rights.
- The European Union and its member governments should use
their influence to encourage Libya to adopt the recommendations outlined
in this report. They should raise the problem of Libyas social rehabilitation facilities at high-level meetings and through their embassies in Tripoli.
- Prospective donors seeking to invest in Libya should
support programs providing basic services for women victims of violence,
including womens shelters, medical rehabilitation, counseling, and legal
aid. They should also provide technical and other assistance to the Libyan
government to train police, prosecutors, doctors, and judges to eliminate
gender bias in handling cases of violence against women and zina crimes.
|