6. Human rights violations and abuses against migrants in Libya Many migrants have described to UNSMIL and others their time in Libya as “hell”. They have been subjected to arbitrary detention, torture – including rape and sexual violence – and other illtreatment, unlawful killings, and forced labour. 6.1. Arbitrary detention and inhuman conditions of detention International human rights law prohibits arbitrary detention.47 Detention is arbitrary if it is not in accordance with the legitimate purpose and procedures established by law, or is otherwise inappropriate, unjust, unreasonable, or unnecessary in the circumstances.48 A detained person has a range of due process guarantees , including the right to be informed of the reason of arrest at the time of arrest, to be brought promptly before a judicial authority and trial within a reasonable period or release, as well as the right to prompt and regular access to legal representation and advice.49 Persons deprived of their liberty must be treated with humanity and with respect for their inherent dignity.50 As stated by the Special Rapporteur on the Human Rights of Migrants, “irregular entry or stay should never be considered criminal offences: they are not per se crimes against persons, property or national security. It is important to emphasize that irregular migrants are not criminal per se and should not be treated as such.”51 The Committee on the Protection of the Rights of All Migrant Workers and Members of their Families also emphasizes that while irregular entry and stay may constitute administrative offences, they are not crimes: “crossing the border of a country in an unauthorized manner or without proper documentation, or overstaying a permit of stay does not constitute a crime. Criminalizing irregular entry into a country exceeds the legitimate interest of States parties to control and regulate irregular migration, and leads to unnecessary detention.”52 47 ICCPR, art. 9 (1). See Human Rights Committee, General Comment No 35, Article 9 (Liberty and security of person), CCPR/C/GC/35. See also the procedural safeguards for persons in detention under the Body of Principles of the Protection of all Persons under any Form of Detention or Imprisonment adopted the General Assembly in its resolution 47/173 on 9 December 1988. 48 The Human Rights Committee has clarified that the meaning of the term “arbitrary” must be interpreted “broadly to include elements of inappropriateness, injustice and lack of predictability”: Communication No. 305/1998, Hugo van Alphen v The Netherlands, Views adopted by the Human Rights Committee on 23 July 1990, para. 5.8. 49 ICCPR, art. 9 (3). Article 9 outlines other due process rights that relate to arrest and detention. 50 ICCPR, art. 10. 51 A/HRC/20/24, para. 13. 52 General Comment No. 2, CMW/C/GC/2, para. 24., The United Nations Working Group on Arbitrary Detention has also noted that “criminalizing illegal entry into a country exceeds the legitimate interest of States to control and regulate irregular immigration and leads to unnecessary detention”, A/HRC/7/4, para. 53 14