United Nations A/hrc/19/68

Current situation in Libya

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5. Current situation in Libya

123. The interim Government has expressed a commitment to human rights and its concerns about torture, ill-treatment and other violations, though implementation of that commitment in practice has remained uneven. The interim Government will need considerable support from the United Nations and the international community in achieving this goal.

124. The deterioration of the legislative framework, judicial and national institutions generally during the Qadhafi era resulted in a judiciary that lacked the independence to hold security institutions accountable. The interim Government is gradually restoring the judiciary by reopening courts and recalling judges, but there still exists a lack of trained staff such as prosecutors, judicial police and forensic investigators. There has been some progress in the transfer of detainees to the control and authority, but many detainees remain under the control of individual brigades outside the framework of the law. Detainees often have limited or no access to families and legal counsel and are unable to challenge the legality of their detention or to lodge complaints about torture and ill-treatment.

125. The Commission finds that the authorities are failing to hold accountable thuwar who have committed serious violations including unlawful killings and arbitrary arrests. That situation is symptomatic of a lack of equal implementation of the law and a serious obstacle to the achievement of the objective of full accountability for serious crimes.

126. The current Government has taken positive steps to establish new mechanisms for accountability including the creation of a National Fact-finding and Reconciliation Commission under the Transitional Justice Law and a National Council on Civil Liberties and Human Rights. The Libyan authorities will have to ensure that any future amnesty process under the amnesty law is in conformity with Libya’s obligations under international law with respect to accountability.

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