A/HRC/28/51
2.
Truth seeking
59.
In March 2014, the General National Congress formed a four-person committee to
establish a roster of candidates for the Board of the Fact-finding and Reconciliation
Commission. On 1 April, the committee issued a public advertisement for candidates. The
committee also participated in a national television programme to explain the selection
process and how transitional justice principles may be applied in the Libyan context. Due to
the political volatility and announcement of elections, the committee did not complete its
work and the Board has yet to be appointed.
60.
UNSMIL/OHCHR advised the Congress on international standards and best practice
relating to criteria for and selection of the Board. UNSMIL/OHCHR further informed civil
society organizations about the invitation for applications for membership of the Board, and
facilitated discussions between civil society organizations and the committee.
3.
Reparations
61.
There was no progress on the establishment of a Victims Compensation Fund, as
provided for in the Law on Transitional Justice. However, other bodies established in 2014
provide for reparations to victims of serious human rights violations. Law No. 1 of 2014 on
the Martyrs and Missing of the 17 February Revolution provides, inter alia, for symbolic
and material reparations, such as commemoration efforts, monthly grants and medical care
to victims (see para. 71 below for further information).
62.
In February 2014, the Council of Ministers issued Decree No. 119 of 2014,
Addressing the Conditions of Victims of Sexual Violence, which provides for the
establishment of a specialized committee to identify victims under the former regime and
during the 2011 armed conflict. The committee is to recommend reparations, such as a
monthly stipend, health care, a mechanism to grant legal status to children born of rape and
legal aid for victims to seek accountability. In March, the Minister of Justice passed a
decree to appoint members of the specialized committee and subsequently appointed the
Head of the compensation fund. The fund itself is yet to function.
63.
UNSMIL/OHCHR provided advice to the authorities on best practices in the design
and delivery of reparations programmes, and worked with civil society to facilitate their
engagement on reparations with officials. It also provided advice on establishing an
effective complaint mechanism within the police or the Ministry of Health, as well as
drafting legislation which comprehensively addresses the issue.
4.
Criminal justice
64.
On 24 March 2014, the Court of Assize in Tripoli began hearing the trial of Saif alIslam Qadhafi, Abdullah al-Senussi and 35 other members of the former regime, all
charged with crimes related to the 2011 conflict.
65.
UNSMIL/OHCHR has been monitoring the trial, attending many sessions and
meeting with the Prosecutor and defence counsel. On one occasion, a staff member seeking
to attend a session was temporarily detained and his personal effects were confiscated. The
authorities subsequently apologized for the incident. UNSMIL/OHCHR also conducted
interviews with all defendants held in detention. The majority are held in Al-Hadhba
Correction and Rehabilitation Institution, in Tripoli, where the Court is based. Mr. Qadhafi
remained held in Zintan at the time of writing, while the eight defendants who had been
held in Misrata were moved to Tripoli in November 2014. Mr. Qadhafi and other
defendants held outside of Tripoli were connected by video-link to some sessions of the
trial, following the adoption of Law No. 7 of 2014, which amended the Code of Criminal
Procedure to permit such a modality to link defendants to a courtroom. The law established
that a hearing shall be considered public if broadcast live on television.
13
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