Libya: End Crimes in Detention Centres – International Criminal Court (ICC) Briefing

United Nations published this video item, entitled “Libya: End Crimes in Detention Centres – International Criminal Court (ICC) Briefing” – below is their description.

Briefing by Fatou Bensouda, International Criminal Court Prosecutor, on recent developments concerning cases in Libya.

International Criminal Court Chief Prosecutor Fatou Bensouda urged the Libyan Government of National Unity to take “urgent steps to put an end to the crimes committed in detention centres and to fully investigate allegations of arbitrary detention, torture, confiscation of property, rape and other forms of sexual violence, including in prisons and detention facilities.”

Bensouda briefed the Council on the situation in Libya today (17 May) for the last time with her mandate set to end on 15 June. She said the recent inauguration of a new interim Government of National Unity is commendable milestone, adding that lasting peace and stability remain crucial pillars of development and protection of human rights in Libya.

Bensouda said members of her Office have travelled to Libya, interviewed witnesses and received essential documents and materials from various sources, and visited crime scenes in Tarhuna, including a site where over 100 bodies had been recovered from graves that were discovered in June.

She said her Office has been impressed with the hard work of all actors in their efforts to preserve relevant evidence of the alleged crimes, working together with the Government of National Accord.

Bensouda said the ICC has collected credible information and evidence on serious crimes allegedly committed in official and unofficial detention facilities in Libya. She said further credible reports detail the summary conviction and sentencing of civilians to long prison sentences including handing of death penalty by Military Courts in eastern Libya following secret trials devoid of fair trial guarantees.

The Chief Prosecutor urged all parties to the conflict in Libya to immediately put an end to the use of detention facilities to mistreat and commit crimes against civilians and persons hors de combat. She reiterated the critical importance for international observers and investigators to be given full access to all detention facilities in Libya and to receive full cooperation in this regard.

Bensouda also said her Office has been following reports of the targeting of civilians who voice opposition to the actions of militias in the east and west of Libya.

She added, “The violent silencing of public critics as a method to terrorise the civilian population reached another low point with the despicable murder of human rights lawyer, Ms Hanaan Al-Barassi in Benghazi in November of last year. The Office condemns these crimes in the strongest possible terms and calls upon the civil and military authorities in Libya to duly investigate and prosecute the persons responsible for these crimes.”

Bensouda emphasised that the failure to execute the ICC warrants remains a major stumbling block preventing her Office from seeking effective justice for the victims of atrocity crimes committed in Libya.

She said, according to credible reports, two ICC suspects subject to arrest warrants for crimes committed in Libya have died recently.

One of these individuals was Mahmoud Mustafa Busayf Al-Werfalli, who as a commander of the Al-Saiqa Brigade and was alleged to have executed 43 civilians as specified in two arrest warrants. Credible reports indicated that he was killed in Benghazi on 24 March earlier this year, Bensouda said. Al-Tuhamy Mohamed Khaled allegedly responsible for the perpetration of serious crimes including torture, has also reportedly died in Cairo, Egypt.

The ICC Chief Prosecutor said, “I regret that victims, and their families, of the crimes allegedly committed by Mr Al-Werfalli and Mr Al-Tuhamy have been denied justice and closure through the Court’s fair, independent and impartial judicial proceedings. Much work and resources have gone into the preparation of these cases and now, uncertainty remains. All this could have been prevented had the suspects been duly arrested and transferred to the custody of the Court.”

She underscored that the “unwillingness of those in power in eastern Libya” to transfer Al-Werfalli to the Court, or to genuinely investigate and prosecute him, “has contributed to a climate of impunity,” adding that the “same lack of cooperation is evident with regard to the surrender of Mr Al-Tuhamy by the Egyptian authorities.”

Bensouda called on the Libyan and Egyptian authorities to promptly investigate these reported deaths and to provide the relevant information to the Court. She said, “While the deaths of these suspects, if confirmed, will not stop the ongoing investigation of the situation in Libya, they constitute a tragic example of suspected perpetrators escaping accountability for the most serious crimes of concern to the international community.”

Bensouda said justice delayed is justice denied and stressed that ICC warrants of arrest must be executed in a timely fashion.

United Nations YouTube Channel

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