Tripoli, 16 December 2024

On the occasion of the 58th anniversary of the adoption of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights by the United Nations General Assembly, the Netherlands, Switzerland and UNSMIL as the Co-Chairs of the IHL/HR Working Group firmly condemn the ongoing and widespread practice of arbitrary arrest, detention, abduction and enforced disappearance across Libya.

Those targeted include individuals perceived as political opponents, members of the judiciary, journalists, activists, human rights defenders, women, children and members of marginalised communities. Detainees are frequently held by security entities and law enforcement agencies without formal charges or adequate access to legal representation, in violation of fair trial guarantees. Documented cases by the United Nations reveal that detainees endure overextended pre-trial detention, ill-treatment and torture, including sexual violence, death in custody, enforced disappearances, extortion and coerced confessions.

Calling for swift and transparent independent investigations into these violations, the Co-Chairs stated, “13 deaths in custody documented by UNSMIL between March and November 2024 are particularly alarming”. They urged Libyan authorities to take immediate action to release all individuals arbitrarily detained and to hold those responsible to account, noting that “Grievances around arbitrary detention were at the heart of the 2011 uprising and remain an obstacle to national reconciliation today”.

Libya’s upcoming Universal Periodic Review in 2025 offers an opportunity to reflect on the status of human rights in Libya. The Co-Chairs urge Libyan authorities to optimise this occasion to align national laws and practices with their international obligations.

Recognising some progress has been made in the area of technical cooperation resulting in partial access to some detention facilities, we call on Libyan authorities to grant UNSMIL unimpeded access to all detention centres.  As Co-Chairs, we reaffirm our readiness to support Libyan authorities, including the judiciary and the Judicial Police, in fulfilling their obligations. In addition, the Co-Chairs are committed to strengthening the capacity of civil society to address patterns of abuse, help improve conditions and ensure basic principles of dignity, humanity and respect are upheld in detention.