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Comments on Libya's Draft Constitution: Updated Comments on the Prohibition of Torture and Ill-Treatment

26 July 2016

 

In April 2015, LFJL and REDRESS prepared a detailed legal commentary of the Constitutional Drafting Assembly’s December 2014 Constitutional Recommendations (the December 2014 Constitutional Recommendations) regarding their effectiveness in enshrining the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment (torture and ill-treatment).

Since the publication of that commentary, the Constitutional Drafting Assembly (CDA) has been working to consolidate its draft recommendations into a final draft on which the CDA will find consensus. The CDA most recently published a draft on 19 April 2016 (the April 2016 Constitutional Draft), on which 34 CDA members voted in favour, and which has been referred to the House of Representatives. In this process, a number of the relevant anti-torture provisions contained within the December 2014 Constitutional recommendations have been amended.

LFJL and REDRESS have analysed the April 2016 Constitutional Draft and now provide the following additional recommendations on the new text. These recommendations are provided to the CDA with a view to ensuring that the future constitution of Libya, and its provisions on the prohibition of torture and ill-treatment in particular, are in line with international legal standards. Suggested drafting amendments for each recommendation can be found in the Annex.

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