A/HRC/19/68 investigating incidents of human rights violations committed over the past 42 years. The law also established a victims’ compensation fund. 109. A law on amnesty was also recently adopted by the National Transitional Council. The law examined by the Commission allows amnesty for perpetrators of crimes on certain conditions. The crimes of murder, causing serious injury, rape, torture and abduction are excluded from amnesty. The draft law, however, provides that reconciliation between the perpetrator and the victim would lead to the dismissal of criminal charges or the penalty imposed. The granting of an amnesty does not preclude the right of victims to restitution and compensation. D. Conclusions 110. The Commission gathered information linking individuals to human rights violations or crimes, and will hand over a list thereon to the United Nations High Commissioner for Human Rights. 111. The Commission considers it imperative that appropriate mechanisms be established to ensure accountability for such crimes and violations in the long term. 112. The Commission is concerned that allegations of violations are not treated on an equal basis. Failure to apply criminal law to crimes committed by members of the thuwar during and after the end of the conflict creates a climate of impunity. Those detained are also unable to challenge their detention or to lodge complaints of torture against the thuwar. 113. Such problems are due in part to the current conditions in Libya, but are also in part systemic. The courts lack judges and properly trained staff. The State’s existing legislation does not adequately provide for the prosecution of international crimes. Unless repealed, the existing statute of limitations will prevent the prosecution of serious Qadhafi-era crimes. The absence of a functioning justice system allows violations to go unpunished and could lead to a cycle of reprisals. 114. The Commission notes the steps taken to address some of the above-mentioned issues, including the creation of a national council for civil liberties and human rights and the adoption of a law on transitional justice. It is, however, concerned at the lack of an independent and impartial process for appointing members to the national fact-finding and reconciliation commission. 115. The Commission considers it important to ensure that the reconciliation process under amnesty law is applied in a manner consistent with the State’s obligations under international law. V. Assessment and findings A. Introduction 116. The Commission benefited from a far greater availability of information than was the case for its first report, primarily because it was able to spend a significant amount of time on the ground and because witnesses were more willing to provide information given that the Qadhafi Government was no longer in power. As in the case of the first report, however, the quality of the evidence and information obtained by the Commission varied in accuracy and reliability. The Commission maintained the cautious approach it adopted for its first report, while recalling that its evidentiary standard was less than that required for criminal proceedings. 20