Summary
This report examines justice sector institutions in Libya, and the challenges in the aftermath of the 2011 revolt.
ILAC found that the justice sector in Libya is challenged by the lack of security. The absence of security led judges and prosecutors to indefinitely delay the processing of detainees’ cases which resulted in ‘conflict-related’ detentions without charges or representation. Furthermore, this made it politically and personally dangerous for justice sector personnel to address the significant abuses by revolutionary forces during and after the 2011 uprising.
The justice sector’s ability to act independently during the current transitional period is also degraded by its lack of legitimacy. In Addition to the lack of exposure to internationally recognised concepts and practices which is hampering the process of reform. Moreover, the status of women in the justice sector – both as professionals and members of the public seeking justice – raises significant concerns.
Efforts to create ad hoc judicial bodies to handle transitional justice in Libya are constrained by the lack of legislative clarity for their mission; while ad hoc institutions may have a role in such matters as fact-finding or reparations to victims of human rights abuses, the ordinary courts provide the only existing system remotely capable of processing the existing prosecution caseload.