Human Rights Watch sent a letter to the justice minister of Libya’s internationally recognized government on March 23, 2015, that detailed deficiencies in the counterterrorism law and recommended specific changes to address these and bring the law into conformity with Libya’s international treaty obligations.
During a meeting on April 14, the deputy justice minister told Human Rights Watch that she had submitted the letter to the House of Representatives for review.
The main concerns include:
- Harsh punishments of up to life in prison for vaguely defined acts “that harm national unity,” without the involvement of violence. Such provisions could be used to prosecute free speech, assembly, and association as “acts of aggression” under the law;
- Overly broad definition of “terrorist acts” leading to concern that prosecutors could make use of the law to threaten the rights to freedom of assembly and association, including participation in peaceful protests;
- Stipulation of life in prison as the penalty for establishing or leading a “terrorist organization,” and 10 years with hard labor as the penalty for joining a “terrorist organization,” without requiring any evidence of violence;
- Provisions that allow a person to be prosecuted under the terrorism law for any ordinary criminal offense, including an attempted misdemeanor – by definition a minor offense; and
- Powers for the courts to limit the freedom of movement of individuals prosecuted under the act for legitimately exercising free speech or other rights.
Under international law, restrictions on human rights must be ruled by legality, necessity, and proportionality. Any limitations on rights must be only to the extent strictly required by the exigencies of the situation, and any derogation of rights can only take place when there is a declared state of emergency threatening the life of the nation and should be of an exceptional and temporary nature.
(Source: Human Rights Watch)