X v. Libya

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CASE BACKGROUND

In October 2011, Mr X (name given to him to protect his identify), a member of the Tawergha community, was arbitrarily arrested by armed militia in Misrata, Libya. He was subjected to severe torture and ill-treatment and arbitrarily detained based on discriminatory grounds for a period of over 20 months. 

ACTION FOR JUSTICE

On 23 October 2015, Lawyers for Justice in Libya (LFJL) and REDRESS filed a case of behalf of Mr X with the African Commission on Human and Peoples’ Rights (ACHPR), arguing that Libya had breached Mr X’s rights under the African Charter on Human and People’s Rights.

THE OUTCOMES

The ACHPR adopted a decision on the case in 2024, although the decision was only shared with Mr X in August 2025. In its decision, the ACHPR found that Libya had breached Mr X’s right to non-discrimination, the right not to be subjected to torture and the right to life. The ACHPR also found violations to Mr X’s right to personal liberty and right to health. The Commission ordered Libya to redress Mr X, by providing monetary compensation for the moral harm caused; by conducting a prompt, impartial, independent and thorough investigation into the violations; by providing adequate medical care to Mr X and his family; and by issuing a public apology. In order to avoid the repetition of the violations, the ACHPR ordered Libya to implement the following measures:  

  • Reform its judicial system, including ending the unlawful exercise of judicial authority by militias, expediting proceedings for detainees, and ordering the release of those held unlawfully. 
  • Refuse the admission of evidence obtained by torture. 
  • Ensure effective remedies for victims of serious human rights violations.  
  • Revise the 1954 Penal Code and Law No. 10 of 2013 to incorporate a definition of torture in line with international standards, and ensure its scope covers all places of detention.  
  • Strengthen the capacity of the judicial police, judges, and prison staff on the right to liberty and protection against torture and ill-treatment.  
  • Deliver human rights training to law enforcement agencies.  
  • Ensure the appropriate treatment of all detainees, including the eradication of torture, access to legal counsel, medical care and adequate food and water. 

QUICK FACTS 

  • Case Name: Confidential
  • Court/Body: WGAD and ACHPR
  • Date Filed: 23 October 2015
  • Current Status: Decided
  • Legal representation: REDRESS and LFJL 

KEY WORDS 

Discriminatory Torture, Libya