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II. Recommendations

When it comes to justice and the judiciary in the Great Jamahiriya, we are keen to be up to standards… we seek to amend laws with that in mind.
—‘Ali ‘Umar Abu Bakr, secretary of justice, Tripoli, April 28, 2005

Human Rights Watch makes the following preliminary recommendations to assist Libya in reforming its laws and practices to comply with international standards on detention, due process, and women’s human rights. We also encourage the government of Libya to invite the U.N. Working Group on Arbitrary Detentions (as per their request) for an official country visit to carry out more specialized follow up.

To the Government of Libya

• Release all women and girls detained in social rehabilitation facilities who have not been charged with or convicted of a crime, and those who have served their sentence.
• Cease the operation of these facilities as they are currently run. Until such time, provide all women or girls with their full due process rights including their rights to legal counsel and judicial review.  
• Establish voluntary shelters for women and girls at risk of violence that function as refuges without compromising the residents’ privacy, personal autonomy, and freedom of movement.
• Repeal regulations that condition a woman’s release from any form of detention on a male relative claiming custody of her.
• Repeal Law No. 70 (Regarding the Establishment of the Hadd Penalty for Zina Modifying some of the Provisions of the Penal Law) of 1973.
• Pending repeal of the zina law, ensure that women accused of the crimes of adultery and fornication are afforded due process rights. When detained, authorities must inform them of the charges against them, formally charge them, and allow them to contact family members and legal counsel.
• Prosecute perpetrators of domestic and sexual violence to the fullest extent of the law.
• Enact a specific set of laws explicitly criminalizing all forms of family violence.
• Prohibit judges from suggesting the marriage of the perpetrator and the victim as a remedy in rape cases. 
• Cease immediately the practice of forcing detained women and girls to undergo virginity examinations against their will.
• Use solitary confinement for adults detained in “social rehabilitation” facilities only as a last resort and for relatively short periods of time. It should be imposed and, where necessary, renewed, on a case-by-case basis, under strict supervision, including by a physician, and only for legitimate penological reasons of discipline or preventive security.
• Prohibit the use of disciplinary measures for detained children that involve closed or solitary confinement or any other punishment that may compromise the physical or mental health of the child. Use cell confinement only when absolutely necessary for the protection of a child. Where necessary, it should be employed for the shortest possible period of time and subject to prompt and systematic review.
• Collect and disseminate, in a timely and transparent manner, comprehensive national statistics on violence against women, detailing the nature and degree of violence, rates of prosecution and conviction, and the average sentences and penalties.

To the United Nations

• United Nations agencies operating in Libya, such as the United Nations Development Programme (UNDP), the United Nations Children’s Fund (UNICEF), and the World Health Organization, should pay particular attention to violations committed against women and girls in social rehabilitation facilities and develop programs and strategies designed to curb these abuses.
• UNDP, in conjunction with the Libyan government and nongovernmental organizations, should design and implement service programs for women victims of sexual and other violence, including legal literacy, legal aid, counseling, shelter, and job training programs.
• The U.N. Special Rapporteur on Violence against Women, its Causes and Consequences should request a visit to Libya to assess the extent of violence against women in the country and evaluate the state’s response.

To the ACHR, E.U., and Donors 

• The African Commission on Human and Peoples’ Rights should examine the abuses against women and girls in Libya’s social rehabilitation facilities and urge appropriate reforms. The Commission’s Special Rapporteur on the Rights of Women in Africa should request a visit to Libya to assess violations of women’s human rights.
• The European Union and its member governments should use their influence to encourage Libya to adopt the recommendations outlined in this report. They should raise the problem of Libya’s social rehabilitation facilities at high-level meetings and through their embassies in Tripoli.
• Prospective donors seeking to invest in Libya should support programs providing basic services for women victims of violence, including women’s shelters, medical rehabilitation, counseling, and legal aid. They should also provide technical and other assistance to the Libyan government to train police, prosecutors, doctors, and judges to eliminate gender bias in handling cases of violence against women and zina crimes.