United Nations A/hrc/19/68

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4. Conclusions

110. The Commission has gathered information linking individuals to human rights violations or crimes and will hand over the list to the UN High Commissioner for Human Rights.

111. The Commission considers it imperative that appropriate mechanisms be established to ensure accountability for such crimes and violations in the long term.

112. The Commission is concerned that allegations of violations are not treated on an equal basis. Failure to apply criminal law to crimes committed by thuwar during and after the end of the conflict creates a climate of impunity. Those detained are also unable to challenge their detention or to lodge complaints of torture against thuwar.

113. Such problems are due in part to the current conditions in Libya but are also in part systemic. The courts lack judges and properly trained staff. Libya’s existing legislation does not adequately provide for the prosecution of international crimes. Unless repealed, the existing statute of limitations will prevent the prosecution of serious Qadhafi era crimes. The absence of a functioning justice system allows violations to go unpunished and allows for a cycle of reprisals.

114. The Commission notes steps to address some of those issues, including the creation of a National Council for Civil Liberties and Human Rights and adoption of a Transitional Justice Law. However, it is concerned at the lack of an independent and impartial process for appointing members to the National Fact-finding and Reconciliation Commission.

115. The Commission considers it important to ensure that the reconciliation process under amnesty law is applied in a manner consistent with Libya’s obligations under international law.

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