Libya’s justice sector is facing criticism over its approach to fundamental freedoms, according to a recent report released by Human Rights Watch (HRW). The organization’s findings, unveiled in the report titled “Injustice By Design: Need for Comprehensive Justice Reform in Libya,” reveal systemic issues within Libya’s justice system, characterized by serious due process violations at both civil and military levels.
The report highlights the reluctance of Libyan authorities to investigate grave human rights breaches and international crimes. HRW criticizes the nation’s Penal Code as being outdated and insufficient in addressing international crimes, with laws inherited from the era of former leader Muammar Gaddafi remaining oppressive and violative of international norms. Such laws have resulted in arbitrary detentions and aggression toward civil society.
HRW urges the Libyan authorities to establish fair trial standards and reform existing legislation and judiciary practices. Legal professionals, witnesses, and defendants often face harassment and intimidation. Additionally, migrants, asylum seekers, and nationals detained in the country encounter brutal conditions.
Particularly concerning is Article 207 of Libya’s Penal Code, which prescribes the death penalty for advocating any acts against the state system, thereby stifling dissent and reform. HRW has recommended that Libya align its legal framework with international human rights obligations, including ratifying the Convention against Torture to ensure compliance with global standards against torture.
The country has been embroiled in political fragmentation since 2011 and is still divided between the Government of National Unity (GNU) and the House of Representatives (HoR), leading to increased militia violence and further suppression of fundamental rights. The full report can be accessed through JURIST.