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Libya (148) > Criminal and penal law (7)

Name: Law No. 10 of 2013 concerning the Criminalization of Torture, Forced Abduction, and Discrimination.
Country: Libya
Subject(s): Criminal and penal law; Equality of opportunity and treatment
Type of legislation: Law, Act
Adopted on: 2013-05-28
Entry into force:
Published on: Al-Jarida Al-Rasmiya, 2013-05-28, No. 7, P. 435 - P 437
ISN: LBY-2013-L-96439
Link: https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=96439&p_lang=en
Bibliography: Al-Jarida Al-Rasmiya, 2013-05-28, No. 7, P. 435 - P 437
Legislation online in Arabic Legislation online in Arabic Eastlaws Database, Cario, Egypt (consulted on 2014-07-23)
Abstract/Citation: The Law provides that restricting the personal freedom of a person through force, threat, or treachery and discrimination are criminal offences and are punishable under criminal law. Article 2 provides that anyone who "commits torture or orders someone else to inflict physical or mental suffering on a person under their control or to elicit a forced confession of a crime he or she may or may not have committed, or for discrimination of any form, or for revenge of whatever motive shall be imprisoned for a period of no less than five years." Article 2 also prescribes the same prison term for anyone "who remains silent on torture while having the ability to stop it." If torture results in "grave harm" the punishment is no less than eight years and ten for "grave harm" which results in the death of the victim the offence is punishable by life imprisonment. Article 3 provides that 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 colour is also punishable with 3 to 15 years of imprisonment. Under Article 5, "political, executive, and administrative officials as well as military commanders or their officers-in-charge" are also liable for acts of torture, among others, committed by those under their control if the superior does not take the necessary measures to prevent or expose the act if able to do so, or to refer it to the relevant authorities.

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