Today, the International Commission of Jurists (ICJ) publishes a new report aiming to be a practical tool to advise Libyan criminal justice actors and the legislature on the investigation, prosecution, trial, adjudication and punishment of sexual and gender-based crimes (SGBC).
.هذا البيان الصحفي متوفر باللغة العربية أيضاً
“Sexual and gender-based crimes in Libya are rife. Femicides, domestic and political violence against women and girls are on the rise, and sexual violence against male and female migrants, asylum seekers and refugees is also widespread and systematic. Yet, these crimes go unpunished, partly because the Libyan criminal law framework and justice system are wholly inadequate to address them,” said Saïd Benarbia, ICJ Middle East and North Africa Programme Director.
In this report, the ICJ analyses Libya’s substantive criminal law provisions in respect of SGBC and the country’s criminal procedural framework and practices relating to the investigation, prosecution, trial, adjudication and punishment of such crimes in light of Libya’s obligations under international criminal law, international human rights law, international standards and current best practice pertaining to SGBC. As a result of this analysis, the ICJ considers that the domestic criminal legal framework and practices are deeply flawed and makes recommendations to the Libyan authorities to ensure victims/survivors’ access to justice and effective remedies for SGBC.
In particular, the report calls on the Libyan authorities to:
- Adequately characterize and identify SGBC, and effectively investigate, prosecute, try, adjudicate and punish the perpetrators of such crimes;
- Adopt the Draft Law on Protecting Women from Violence in accordance with international human rights law and standards with respect to violence against women;
- Pending the adoption of the full Draft Law:
- Define rape, sexual assault, sexual abuse and exploitation of children, trafficking in persons and sexual harassment in a manner that complies with international human rights law and general principles of criminal law;
- Abolish article 424 of the Penal Code, which extinguishes the criminal liability of rapists if they subsequently marry their victims and remain married to them for three years;
- Establish a protection measures framework for victims/survivors and witnesses of SGBC, and dedicate enough resources for such measures to be effective; and
- Provide continuous training on the application of international law and standards that are relevant for the investigation, prosecution, trial, adjudication and punishment of SGBC to all criminal justice actors.’
Download
The full report can be downloaded in English and Arabic.
Contact
Saïd Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3800, e: said.benarbia@icj.org
Nour Al Hajj, Communications & Advocacy Officer, ICJ Middle East and North Africa Programme; e: nour.alhajj@icj.org
