A/HRC/17/44
prospective witnesses feared or may have feared speaking of their experiences given the
ongoing risk to them or to their families. The Commission was also mindful of the need to
avoid taking any actions which would endanger victims and witnesses. Furthermore,
damage to systems of communication meant that it was difficult for the Commission to
engage in extensive verification or follow-up of some of the information received;
(e)
Given the ongoing nature of the conflict, violations have continued to be
reported during the Commission‟s operation leading to a massive increase in potential
violations to be investigated.
12.
Given all these circumstances, the Commission is of the view that more time is
necessary to carry out further investigation within Libya for a comprehensive inquiry,
followed by appropriate time for analysis and the writing of additional reports.
13.
Notwithstanding these constraints, the Commission considers that it has been able to
gather a substantial body of material with respect to violations of international human
rights, humanitarian and criminal law that have occurred. Further investigation is critical in
relation to fulfilling the mandate with respect to fully exploring the scope of the violations,
identifying those with responsibility for the violations and crimes and making appropriate
recommendations.
C.
Cooperation with Governments and other institutions
14.
Through letters dated 21 March and 1, 9, 17 and 21 April, the Commission sought
the cooperation of the Government of the Libyan Arab Jamahiriya, requesting a visit to
Tripoli and Az-Zawiyah. Furthermore, through letters dated 26 April, 5 May and 19 May,
the Commission also requested the Government of the Libyan Arab Jamahiriya to provide
specific information and calling for the release of 18 detained journalists and a number of
detainees with whom it met while in Tripoli. The Commission received a response from the
Government of the Libyan Arab Jamahiriya on 25 May which contained details with
respect to two of the journalists, but regrets that the Government of the Libyan Arab
Jamahiriya did not respond with information on the whereabouts of the other individuals
concerned. It notes nevertheless that of those 18 journalists, 4 have since been released. The
Commission also regrets that the Government of the Libyan Arab Jamahiriya failed to
inform it that one of the journalist included in the list was already dead at the time the
Commission was inquiring about his fate.
15.
By letter dated 9 April 2011, the Commission sought the cooperation of NTC, with
respect to a visit to Benghazi, Al-Bayda and Tobruk. In a letter dated 18 May, it also asked
further information on specific issues related to its mandate. The Commission is grateful for
the responses received with respect to both letters.
16.
The Commission also sought and obtained the cooperation of the Egyptian and
Tunisian authorities in arranging field visits in their countries.
17.
The Commission also wrote to the North Atlantic Treaty Organization (NATO) on
18 May asking for information relating to its operations in Libya. To date, no response has
been received from NATO.
18.
The Commission has consulted with the Office of the Prosecutor of the International
Criminal Court, whose office has been investigating alleged international crimes committed
in Libya since 15 February 2011. Throughout this liaison, the Commission and the
International Criminal Court have been committed to respecting appropriate confidentiality
and independence requirements of each body.
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