(Apr. 30, 2013) The Libyan National Congress approved Law No. 10 of 2013, Concerning the Criminalization of Torture, Forced Abduction, and Discrimination, which was issued on April 14, 2013.
Pursuant to this law:
- restricting the personal liberty of a person by force, threat, or treachery is punishable with 3 to 15 years of imprisonment (art. 1);
- the physical or mental torture of a person under the control of another, exerted to force the person to confess to acts committed or omitted is punishable with 5 to 15 years of imprisonment, and the same punishment applies to persons who order the commission of the torture and to persons who did not act to prevent it while they were in a position to do so (art. 2);
- depriving a person of any of his or her rights because of membership in a group or clan, residence in a geographic area, or ethnicity or color is also punishable with 3 to 15 years of imprisonment (art. 3); and
- of particular interest is article 5, which assigns the same punishments to political, administrative, executive, or military leaders who did not take necessary measures to prevent or discover the crimes specified in the previous articles when those acts were committed by persons under their command and control.
A copy of Law 10, in Arabic, can be found by going to the Libyan National Congress website (last visited Apr. 30, 2013) and downloading attachment EO_EO_10_1_2013_O.pdf.