United Nations A/hrc/19/68

B. Gains made by the interim Government

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B. Gains made by the interim Government

  1. In meetings with the Commission, senior Government officials (and many local officials) have expressed commitments to human rights and concerns about torture, ill-treatment and other violations, albeit downplaying the gravity of violations taking place since the fall of the Qadhafi Government. However, there has been a failure by senior Government figures to publicly condemn such abuses and other violations, including the attacks on entire communities such as Tawerghans and Mashashiyas. This failure to hold individual thuwar brigades to account at this time may reflect the fragility of the interim Government’s power and the potential difficulties and risks for the interim Government in doing so. The security situation remains very difficult, with the widespread availability of weapons and frequent clashes between different thuwar brigades seeking to establish dominance and preserve vested interests.

  2. In meetings with the Commission, several Government officials and members of the National Council for Civil Liberties and Human Rights emphasized the precariousness of the security situation, the weakness of the national police and judicial police force, and the inability of the central authorities to enforce decisions including arrest warrants. The raid on the General Prosecutor’s office by a group of armed men, who forced him to sign a release order at gun-point in December 2011,61 reflects the challenges facing the interim Government in re-establishing the rule of law. The Commission acknowledges these difficulties, and welcomes the interim Government’s plans to disarm the thuwar, and integrate fighters into the National Army or police force.

  3. There has been some limited progress in the transfer of detainees and detention facilities from local Military Councils, Security Committees and local councils to the control of the Ministry of Justice and the Ministry of Defence (see chap. III, sect C). However, individual thuwar brigades continue to hold detainees outside the framework of the law.

  4. There has been some movement on a process of transitional justice. The Law on Transitional Justice, which creates a Fact-finding and Reconciliation Commission, was recently adopted by the NTC. After several reviews, a law on amnesty has recently been adopted by the NTC (see chap. IV). Several Libyan lawyers and human rights activists expressed fears that delays in the administration of justice increase risks of individual victims or their family members taking the law into their own hands and carrying out revenge attacks.

  5. The judicial system has yet to function properly. While some members of the judicial police, judges and prosecutors resumed their work, and trials have started in some civil law cases, the vast majority of the approximately 8,500 detainees held on suspicion of being soldiers or loyalists of the former Government continue to be held outside the legal framework. One trial of alleged loyalists has started in Benghazi in February 2012 before a military court, but on application of the defence lawyers the case has been transferred to a civilian court. The accused alleged that they have been tortured and their right to adequate defence is not fully respected.

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