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

Uploaded: 29 June 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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Reporting on Torture: A handbook for journalists covering torture

Uploaded: 26 June 2016


Torture is one of the most horrific crimes that can be perpetrated against a human being. It aims to dehumanise through calculated acts of cruelty to remove victims’ dignity and make them powerless. It tears at the soul of our human community and lessens us all when it occurs.

Many torture cases go unreported in the media. This is because survivors often do not come forward. Governments too, are silent about torture practices, even in countries where torture is commonplace. Thus, information about torture tends to be hidden under the surface. Journalists have an important role to play in breaking the silence and raising awareness. 

This handbook provides practical guidance to support journalists to report on torture. It addresses key questions relating to the definition of torture, when it happens, why it happens and what are the consequences. It also provides guidance on how to interview and interact with torture survivors in an appropriate way.


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Committee 1: Form of State and Fundamental Cornerstones

Uploaded: 02 April 2015


Libya’s Constitutional Drafting Assembly (CDA) released its first draft constitutional recommendations on 24 December 2014 on its website. The work of Committee 1 on the Form of the State and Fundamental Cornerstones addresses some of the most critical issues that will shape the future of the country, including the identity and character of the state, and the sources, and hierarchy of sources, of law. It also defines some of the most anticipated and controversial concepts such as citizenship, and the relationship between religion and the state. Some of the key provisions are concerning – not only because they do not meet international and constitutional standards but because they do not represent a consensus view on issues where different opinions exist, and are far from reflecting a consensus view. Instead what is presented is incoherent and potentially divisive.

This overview sets out LFJL’s five most urgent concerns in the work of Committee 1. However this does not represent every concern. LFJL considers all of its concerns in the detailed commentary that follows this overview.


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Destoori Report and Recommendations

Uploaded: 10 July 2014


Lawyers for Justice in Libya (LFJL) is proud to announce the publication of the ‘Destoori Report and Recommendations’. The Destoori report is based on the findings of Rehlat Watan, during which LFJL and its Destoori Guides travelled all across Libya in order to engage with over 3000 people from 37 different communities. LFJL will deliver the Destoori Report to Libya’s Constitutional Drafting Assembly (CDA) in order to ensure they hear the voices of the Libyan people.

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An Eye on Human Rights in Libya - International Human Rights Day 2013

Uploaded: 10 December 2013


As the world celebrates the 65th Anniversairy of the Universal Declaration of Human Rights, Lawyers for Justice in Libya marks its commitment to promoting human rights in Libya and by taking the opportunity to reflect on the past year’s human rights achievements and setbacks, the current challenges and future prospects. This report explores the major human rights issues in Libya over the past year, highlighting challenges, progress made, and recommendations on what could be done to help foster a democratic Libya which honours human rights.

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LFJL, REDRESS, OMCT, and Dignity Comment on GNC Draft Torture Law 

Uploaded: 16 April 2013


LFJL, REDRESS, DIGNITY, and OMCT submitted their preliminary comments, regarding an earlier draft version of this law, to the GNC on 26 March 2013.  They raised particular concerns with regard to the torture aspects of this legislation, noting that whilst the intention of the draft law to meet Libya’s international obligations in relation to these three human rights issues in national legislation was encouraging, to do so in the same piece of legislation risked the oversimplification and avoidance of important specific obligations for each of the human rights issues. Despite these concerns being submitted several weeks ago, they remain unaddressed in the adopted legislation. 

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 Extractive Industry and Conflict Risk in Libya

Uploaded: 29 October 2012

This paper was prepared under the framework of the Civil Society Dialogue Network (CSDN) as background for the CSDN Meeting entitled Private Sector and Conflict, held in Brussels on 29 October 2012. 

This paper focuses on the extractive sector in Libya and its potential link with instability and conflict. The discussion is set out in three parts: Part 1 looks at the main characteristics of the Libyan economy and legal and political system to shed light on the functioning of the Libyan extractive sector and identify some of the issues that may be a source of concern as regards stability and conflict in Libya; Part 2 outlines some of the conflict-related risks in relation to the extractive industry; and Part 3 sets out some key recommendations from Libyan civil society to the EU as a real partner.

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Official guidelines of the NTC on the treatment of detainees and the rules of targeting under the law of armed conflict

Uploaded: 30 May 2012

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Urgent Appeal: Sexual Violence Against Women and Girls in Libya

Uploaded: 21 June 2011  Download 

Libya: One right, Two Measures (French)

Uploaded: 8 March 2012 Download 


Libya and Human Rights – The Way Forward

Uploaded: 22 May 2011  Download

The Protection of Journalists and Media Professionals Under International Humanitarian Law

Uploaded: 18 May 2011  Download

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