CEDAW/C/78/D/130/2018
respect, protect and fulfil, inter alia, the right to be free from torture, the right to
liberty and security of person and the freedoms of expression and of association. She
argues that the discrimination to which she was subjected and the authorities’ attempts
to make her cease her NGO work and flee Libya amount to a violation of article 3.
3.9 The author also claims to be the victim of a breach of her rights under article 5 (a)
of the Convention. Referring to the Committee’s observations on “the persistence of
entrenched, traditional stereotypes regarding the roles and responsibilities of women
and men in the family and in society at large” in Libya, 9 she argues that it was such
stereotypes that contributed to her being targeted for torture, arrest and arbitrary
detention, as well as the gender-specific abuse to which she was subjected in
detention.
3.10 The author further claims to be the victim of a breach of her rights under article
7 (c) of the Convention. The authorities failed to protect her from hateful and
threatening emails, letters and messages concerning her involvement in women’s
rights issues and stated that she had repudiated her culture and should be executed.
They pressured her to give up her activism and sought to coerce her to work for the
Supreme Security Committee.
3.11 Finally, the author claims to be the victim of a violation of her rights under
article 2 (b) of the Convention, having received no reparation or any other response
to her complaint submitted to the Prosecutor General.
3.12 The author requests remedies, including monetary compensation for material
and non-material damages, funds for continued psychological treatment and a prompt,
thorough and independent investigation to hold those responsible accountable. She
also requests that State party publicly apologize and accept responsibility. Finally, she
invites the Committee to issue general recommendations to the State party.
Absence of State party’s observations
4.
On 11 July 2018, 6 May 2019, 28 August 2019 and 21 January 2020, the State
party was invited to submit its observations on the admissibility and merits. The
Committee regrets that no submissions have been received. The Committee must
therefore base its decision on the information provided by the author, insofar as it has
been sufficiently substantiated.
Issues and proceedings before the Committee
Consideration of admissibility
5.1 In accordance with rule 64 of its rules of procedure, the Committee must decide
whether the communication is admissible under the Optional Protocol. Pursuant to
rule 72 (4), it must do so before considering the merits of the communication.
5.2 In accordance with article 4 (2) (a) of the Optional Protocol, the Committee
notes that there is nothing on file to indicate that the same matter has been or is being
examined under another procedure of international investigation or settlement.
5.3 As regards the exhaustion of domestic remedies under article 4 (1) of the
Optional Protocol to the Convention, the Committee notes the author’s contention
that she has exhausted all available domestic remedies. Her complaint lodged in 2 013
of discrimination on the ground of her sex generated only an acknowledgement of
receipt, despite follow-up attempts. She argues that the authorities’ failure to
investigate has coincided with the breakdown of the rule of law in Libya. In the light
thereof and in the absence of submissions from the State party to the contrary, the
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9
6/10
CEDAW/C/LBY/CO/5, para. 21.
21-04766