A/HRC/19/68
investigation into the fate of all missing persons, irrespective of the role of the missing
person in the conflict;
(i)
To take measures to stop and prevent further attacks against the
Tawerghans and other targeted communities, to facilitate the return of displaced
communities in satisfactory conditions, and to establish independent mechanisms to
achieve reconciliation of these communities;
(j)
To establish appropriate gender-sensitive psychological, medical, legal
and social support services throughout the country, to recruit and train female
investigators, and to encourage and support the establishment of civil society
organizations to provide victims of sexual violence with support;
(k) To establish public awareness campaigns through the media in support of
victims of sexual violence;
(l)
To take urgent steps to establish an independent judiciary;
(m) To ensure that all accountability mechanisms operate in accordance with
international fair trial standards, and to impose only penalties that conform to
international standards;
(n) To apply the law equally, and to ensure that alleged violations are
investigated and prosecuted where appropriate, irrespective of the identity of the
perpetrators;
(o) To create an integrated and comprehensive plan for enhancing the legal
system and the accountability capacity thereof;
(p) To ensure that any amnesty process conforms to the State’s obligations
under international law by holding all perpetrators of serious crimes to account;
(q) To take steps to ensure that persons alleged to have committed violations
of human rights or international humanitarian law are excluded from positions in
security, military police, prison and judicial institutions;
(r) To consider the rights of victims in all mechanisms of accountability in
accordance with international norms and standards;
(s)
To ensure that the national fact-finding and reconciliation commission
undertakes a thorough assessment of the Qadhafi legacy to prevent a repetition of
repressive practices;
(t)
To establish programmes for the training of all officials, including
judicial, police, military and prison officials, in international human rights law, in
particular specialized training for the handling of cases of sexual violence.
128. The Commission calls upon the National Transitional Council and the future
Constituent Assembly:
(a) To ensure that the future Constitution of Libya incorporates
international human rights law defined in the human rights treaties ratified by Libya;
(b) To undertake legislative reform to incorporate international crimes into
the Criminal Code, and to repeal any statutory limitations applying to such crimes;
(c) To reform all laws to bring them into conformity with the State’s
obligations under international law.
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