A/HRC/19/68 considerable support from the United Nations and the international community to achieve this goal. 124. The deterioration of the legislative framework and of judicial and national institutions generally during the Qadhafi era has resulted in a judiciary that lacks the independence to hold security institutions accountable. The interim Government is gradually restoring the judiciary by reopening courts and recalling judges, although there is still a shortage of trained staff, such as prosecutors, judicial police and forensic investigators. There has been some progress in the transfer of detainees to the control and authority of the national authorities, but many detainees remain under the control of individual brigades outside the framework of the law. Detainees often have limited or no access to families and legal counsel and are unable to challenge the legality of their detention or to lodge complaints about torture and ill-treatment. 125. The Commission found that the authorities are failing to hold members of the thuwar who have committed serious violations, including unlawful killings and arbitrary arrests, to account. That situation is symptomatic of a lack of equal implementation of the law and a serious obstacle to the achievement of the objective of full accountability for serious crimes. 126. The current Government has taken positive steps to establish new mechanisms for accountability, including the creation of a national fact-finding and reconciliation commission under the Transitional Justice Law and a national council on civil liberties and human rights. The Libyan authorities will have to ensure that any future amnesty process under the amnesty law is in conformity with the State’s obligations under international law with respect to accountability. VI. Recommendations 127. The Commission calls upon the interim Government of Libya: (a) To investigate all violations of international human rights law and international humanitarian law set out in the present report, and to prosecute alleged perpetrators, irrespective of their location or affiliation, while affording them all their due rights under international law; (b) To bring all remaining detainees under the control of the judicial police or the military police as soon as possible; (c) To charge detainees being held in connection to the conflict for their involvement in specific criminal acts that constitute serious crimes, and to release those against whom there is no such evidence; (d) To ensure that conditions of detention comply with applicable international law, including the proper treatment of detainees, access to lawyers and family, and the ability to lodge complaints of torture and ill-treatment; (e) To end all torture or ill-treatment of detainees, and the use of unlawful interrogation methods; (f) To secure all sites of alleged crimes identified by the Commission in the present report in order to prevent the destruction or loss of evidence; (g) To ensure that all evidence obtained as a result of torture is excluded as evidence in criminal trials; (h) To encourage all parties involved in the conflict to divulge any information that they have on missing persons, and to establish an independent 22