Comment by the Lawyers for Justice in Libya.

In the April 2016 Constitutional Draft, elements of the right to freedom from torture can be found in articles 38 and 40. Article 38 on “The right to safety” indicates that “Every human being has the right to personal, physical, and mental safety.” Article 40 on “Human dignity” provides that the state “shall be committed to protecting human dignity and preventing all types of violence, torture, inhumane, cruel and humiliating treatment, as well as enforced disappearance” and also prohibits human trafficking, slavery and involuntary servitude.

A separate and elaborative provision is needed to draw adequate attention to the importance of the prohibition of torture.

The article contains an in-depth analysis of the various legal aspects of the prohibition of torture.