In the context of the UPR, Amnesty International has made the following recommendations to Libya
• To immediately establish a moratorium on executions and to review all laws and the draft Penal Code to ensure that the death penalty is restricted to the “most serious crimes”, as required by the International Covenant on Civil and Political Rights, to which Libya is a state party, with a view to its abolition.
Torture or other cruel, inhuman degrading treatment or punishment
• To immediately cease the application of corporal punishment, including flogging and amputation, and to repeal legislation which allows for its application, including Law No. 70 of 1973, Law No. 52 of 1974 and Law No. 13 of 1425;
• To introduce in Libyan legislation an absolute prohibition of torture and a definition of torture in line with the Convention against Torture and other Cruel, Inhuman, Degrading Treatment or Punishment.
• To repeal all discriminatory legislation with regard to marriage, divorce, and inheritance and amend legislation to ensure that Libyan women have the same rights as Libyan men to pass their nationality to their foreign-born spouses or children;
• To decriminalize sexual relations between consenting adults by amending Article 407 and 408 of the Libyan Penal Code and repealing Law No. 70 of 1973.
Freedom of expression, association and assembly
• To repeal all laws, including Law 71 of 1972 and relevant articles of the Penal Code (including Articles 178, 195, 206 and 207) which criminalize activities which merely amount to the peaceful exercise of the rights to freedom of expression and association;
• To immediately and unconditionally release all those imprisoned solely for the peaceful exercise of their rights to freedom of expression, association and assembly; and to guarantee that those who criticize the Libyan political system or Libyan officials, or seek to hold peaceful anti-government protests or create independent associations, are protected from any form of harassment or intimidation.
The rights of refugees, asylum-seekers and migrants
• To ratify the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, to adopt asylum legislation consistent with international law and standards without further delay, and to immediately sign a memorandum of understanding with the UNHCR;
• To conduct full, independent and impartial investigations into allegations of torture or other ill-treatment of refugees, asylum-seekers and migrants by Libyan law enforcement officers and to bring those responsible to justice in accordance with international standards for fair trial;
• To not forcibly return refugees, asylum-seekers and others in need of international protection to a country where they are at risk of persecution or other serious human rights violations and immediately cease all arbitrary or collective expulsions.
Administration of justice
• To amend relevant legislation, including Article 13 of the Code of Criminal Procedure to ensure that members of security forces, including members of the Internal Security Agency, no longer have the authority to exercise the functions of the judicial police;
• To overhaul the system allowing for special courts and related institutions including the State Security Court and Prosecution Office, as their proceedings lack transparency and the most basic judicial guarantees; repeal the laws related to the People’s Court, including Law No. 5 of 1988 which continue to be applied to the State Security Court; and pending reforms to proceedings in front of the State Security Court to bring them in line with international standards, transfer all pending cases in front of the State Security Court to the jurisdiction of the ordinary criminal court system;
• To immediately release all individuals detained without a legal basis, including those who have already served their sentences and those who have been cleared by the courts; and to retry all those sentenced by the People’s Court, the State Security Court and other special courts in proceedings that meet international standards for fair trial, or to release them;
• To investigate all allegations of torture or other ill-treatment and other violations committed by security forces, including enforced disappearances and extrajudicial executions, and to bring those responsible to justice in proceedings meeting international standards for fair trial;
• To end the practice of prolonged incommunicado detention and to ensure that detainees are granted prompt access to their families and lawyers and doctors of their own choice.
• To publish a list of those killed in the 1996 Abu Salim Prison killings or who died in custody as a result of torture or other abuses. Such a list should contain the names of those killed, the circumstances of their arrest and subsequent disappearance, the information gathered in each case, and the exact circumstances of their death;
• To provide families of victims of the Abu Salim Prison killings with accurate death certificates stating the place, date and exact cause of death;
• To establish a vetting system to ensure that those reasonably suspected of crimes under international law or human rights violations do not remain or are not placed in positions where they could repeat such violations; such a screening mechanism should work alongside independent and impartial investigations to identify suspected perpetrators and judicial proceedings to bring them to justice. It should comply with international law, in particular standards of fairness.