Libyan public institutions and NGOs draft ‘10 Steps to End Torture’

ForImmediate Release

Thursday,April 25, 2013

Libyan publicinstitutions and NGOs draft ‘10 Steps to End Torture’

TRIPOLI, Libya – On Saturday,20 April 2013, the World Organisation Against Torture (OMCT) assembled 48 participantsfrom across Libya for a day-long workshop entitled, “Uniting publicinstitutions and civil society to monitor and implement the new law againsttorture: challenges and prospects.” Participants included representatives fromthe Ministry of Justice, the General National Congress (GNC), the NationalCouncil for Civil Liberties and Human Rights (NCCLHR), and many lawyers andactivists from Tripoli, Benghazi, Misrata, and Sabha.

The participants drafted andapproved a memorandum entitled, “10 Steps to End Torture,” intended to guidethe Ministry of Justice, the GNC, and civil society in monitoring and improvingthe law. The day ended with a pledge to reunite after one month to mobilize anational coalition against torture. Ms. Samira Bouslama, Civil SocietyCoordinator at the UN Support Mission in Libya, said, “Interaction and dialoguebetween civil society and public actors is the key to protecting againsttorture in Libya. This workshop was a big step in that direction.”

The workshop followed theGNC’s adoption on 9 April 2013 of a bill – initiated by the Ministry of Justice– criminalizing torture, enforced disappearances, and discrimination. Thepurpose of the workshop was thus to direct the momentum of the moment towardthe law’s implementation. Participants agreed that the law sends a clearmessage that torture and ill treatment will not be tolerated, but that further amendmentsand mechanisms are necessary to create a comprehensive legal framework againsttorture. They further praised the law’s adoption in the face of considerableopposition to the bill and the tenuous politics of the day.

The day began with apresentation from Ms. Marieke Wierda, Senior Transitional Justice Officer atUNSMIL, who discussed the definition of torture and how to align local andinternational laws. Next, Mr. Mondher Cherni, Secretary-General of the TunisianOrganisation Against Torture, shared the Tunisian experience in reinforcingnational legislation against torture following the revolution. Then, Mr. IssamAl Tagouri, Civil Society Coordinator at the Ministry of Justice, spoke about stepstaken by the Ministry to improve detention conditions and transfer informaldetention facilities to the state. Finally, Mr. Faraj A. Elajely, Director of HumanRights Field Operations at the NCCLHR, closed the morning session with adiscourse on the obstacles preventing victims from accessing justice and faircompensation in Libya. The afternoon session saw an animated discussion on thegravity and complexity of torture, detention, and discrimination in Libya. About8,000 detainees are being arbitrarily held in informal prisons outside of statecontrol. About as many bodies are lying unidentified in over 200 mass gravesacross the country. Certain participants enriched the debate with the perspectivesand concerns of diverse populations, including the Tawergha and women.

Mr. Currun Singh, RegionalAdvisor at OMCT, said, “The energy of the room was palpable. Libyans havewaited long enough and are now thirsty for rule of law. Unchecked violence isstill touching hundreds of thousands of victims and families more than two yearsafter the revolution began. But after what I saw today, there is cautious causefor optimism.”

Mr. Elajely of NCCLHR said, “Thereis a vital need in Libya that we work together with civil society during thetransition process. I thank OMCT for this workshop and I support the initiativeto create a coalition of NGOs against torture in Libya.”

OMCT has been active in Libyaever since the Abu Salim prison massacre in 1996, which it brought to the attentionof the Human Rights Committee of the United Nations. Since the revolution, it hasbeen accompanying civil society in fighting against torture and supportinglegal reforms.

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See a photo reel and read the ‘10Steps to End Torture’ on the following pages.

This workshop was organized with the generoussupport of the European Union.

Formore information, contact:

CurrunSingh Karim Salem

MENAAdvisor ProjectCoordinator

Email:cs@omct.org Email: ks@omct.org

Tel: +216 71 322 561 / +41228 094 939 Tel: +216 71 322 561 / +41 228 094 939

Created in 1985, theWorld Organisation Against Torture (OMCT) is today the main coalition ofinternational NGOs fighting against torture, summary executions, enforceddisappearances and all other cruel, inhuman or degrading treatment. With 311affiliated organisations in its SOS-Torture Network and tens of thousands ofcorrespondents in every country, OMCT is the strongest network of NGOs working toprotect and promote human rights around the world. For more information, visitus at www.omct.org, on Facebook or Twitter.

10 Steps to End Torture

Recommendations from the Workshop, “Uniting Public Institutions and Civil Society to Monitor and Implement the New Law Against Torture: Challenges and Prospects”

Saturday, 20 April 2013

Today’s workshop has tackled different axesof discussion, including the role and mandate of public institutions in thefight against torture, preventing torture through national, regional andinternational law, and the state of human rights in Libya. Drawing on ourexperiences, we discussed current practices of enforced disappearance,arbitrary arrest, torture, ill treatment, and discrimination, notably atdetention facilities outside state control. We note that public institutionsare finding it difficult to hold accountable perpetrators of such graveviolations and bring them to fair trial. We also believe civil society has arole to play in assisting victims, raising public awareness, and engagingvigorously with public actors. We raised the issue of the independence ofjudicial power and the need to stop immediately the practice of torture withinformal and informal detention facilities in Libya. Finally, we recognize thatdetention facilities that have been transferred under the control of theMinistry of Justice have witnessed an amelioration of detention conditions andfewer human rights violations. We thus urge the transitional government tobring, immediately, all detention facilities under the control of the Ministryof Justice.

We issue the following ‘10 Steps to EndTorture’, for all to take heed:

1. To implement the new law criminalizingtorture within a legal framework that guarantees full protection to victims andprotection from such violations in the future;

2. To legislate in the national frameworkthat amnesties, immunities or periods of prescription are not possible for suchhuman rights violations and crimes;

3. To align the national legal framework withLibya’s international obligations and human rights standards, notably the UNConvention Against Torture (CAT);

4. To put in place governmental programs forthe compensation and rehabilitation of torture victims;

5. To ratify the Optional Protocol of theInternational Convention Against Torture in order to assure prevention andcontrol mechanisms;

6. To transfer all detention facilities underthe full control of the Ministry of Justice and to guarantee regular andunannounced prison visits from public institutions and civil society;

7. To transfer all cases to publicprosecutors in order to verify charges against prisoners and to release personswho have been detained without charge or evidence;

8. To create a register for all detentionfacilities that should include names of the detained, their arrival date, andtheir charges;

9. To stop immediately all human rightsviolations against detained persons in informal prisons and initiate theirtransfer under the authority of the Ministry of Justice;

10. To reform judicial power and guaranteefair trial and investigation of all cases of torture that have been perpetratedin Libya.

Made in Tripoli, 20 April 2013

1. Voluntary Libyan Group forMonitoring Human Rights Violations, Tripoli

2. Jurists Without Borders,Benghazi

3. Al Rahma Association, Tawergha

4. Al Sabeel Association, Tripoli

5. Almorageb Human RightsAssociation, Tripoli

6. Libyan Judges’ Association,Benghazi

7. Libyan Youth Association forHuman Rights, Benghazi

8. Libyan Organization for HumanRights, Tripoli

9. Libyan Observatory for HumanRights, Tripoli

10. Libyan Institute to SupportRights and Liberties, Tripoli

11. Liberties Group for HumanRights and Development, Tripoli

12. World Organisation AgainstTorture, Tripoli

This documenthas been produced with the financial assistance of the European Union.

The contents ofthis document are the sole responsibility of the World Organisation AgainstTorture and can under no circumstances be regarded as reflecting the positionof the European Union.