A/HRC/34/42
compensation fund, also foreseen by the Law, has not been established. The provision
requiring those still detained in relation to the 2011 conflict to be charged or released has
also not been implemented.
75.
Case 630/2012, in which 37 men associated with the Qadhafi regime faced charges
related to the suppression of the “17 February revolution”, is under review by the cassation
chamber of the Supreme Court. The verdict of the Tripoli Court of Assize on 28 July 2015
convicted and sentenced to death by firing squad nine defendants, including Muammar
Qadhafi’s son, Saif al-Islam Qadhafi; former intelligence chief, Abdullah al-Senussi; and
former Prime Minister, Al-Baghdadi al-Mahmudi. Other defendants received prison terms,
while four were acquitted, and another was referred to a mental institution. There is no time
limit set under the law for the cassation chamber to issue its decision.
76.
While the trial represented the most prominent effort by the Libyan judiciary to
bring former regime officials to account for their crimes, including gross human rights
violations, it raised serious concerns with regard to the right to be informed promptly and in
detail of charges; the right to a public trial; the right to be represented by counsel; the right
to adequate time and facilities to prepare a defence; the right to call and examine witnesses;
the right to be tried in one’s presence; and the right not to be compelled to confess guilt or
incriminate oneself. UNSMIL/OHCHR is engaging with the Prosecutor General’s Office
with a view to identifying what is needed for reform of the law and practice.
77.
In its resolution 1970 (2011), the Security Council referred the situation of Libya
since 15 February 2011 to the Prosecutor of the International Criminal Court. That gives the
Court jurisdiction over crimes committed in Libya since 2011.14 In November 2016, the
Prosecutor briefed the Security Council and called for Libya to comply with its obligation
to surrender Saif al-Islam Qadhafi to the court. 15 She noted that her Office was closely
following Abdallah Al-Senussi’s case and that in 2017 she intended to make the situation in
Libya a priority and hoped to have new arrest warrants served.
78.
On 31 August 2016, representatives of Misrata and Tawergha signed an agreement
outlining a programme of compensation for victims of the 2011 conflict and the return of
some 40,000 displaced Tawerghans. In order to come into force, the agreement requires
endorsement by the Misrata and Tawergha municipal councils and the Government.
UNSMIL/OHCHR staff worked closely with the two sides during a mediation process
lasting 18 months. It advocated for the implementation of the agreement to be in full
conformity with international human rights law, in particular ensuring that the right to
return and compensation be pursued in parallel and not made conditional on one another.
Support
79.
UNSMIL/OHCHR continued a dialogue with the Office of the Prosecutor General
and other officials on issues regarding fair trial, criminal law reform, torture and illtreatment. It called upon the international community to provide additional resources to
allow the Office of the Prosecutor of the International Criminal Court to extend its
investigations to crimes allegedly committed after 2011. It also advocated with the
Government and other relevant counterparts to surrender Saif al-Islam Qadhafi to the Court
pursuant to the request of the Court.
14
15
See the ninth report of the Prosecutor of the International Criminal Court to the Security Council
pursuant to resolution 1970 (2011) of 12 May 2015.
See the twelfth report of the Prosecutor of the Court to the Security Council pursuant to resolution
1970 (2011) of 9 November 2016.
15
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