A/HRC/30/16
54.
Chad noted with satisfaction that Libya had accepted a large number of
recommendations from the first cycle; however, it added that, owing to the troubling
situation in the country, they had not yet been implemented.
55.
In response to the comments made by Turkey, the Deputy Minister said that the
Libyan army had not targeted civilians. As for the ship that had entered Libyan territorial
waters, he noted that Libya was a sovereign country and that its sovereignty should be
respected.
56.
The delegation then replied to the questions on freedom of expression, association
and assembly, transitional justice and national reconciliation. As for the trial of Seif alQadhafi, the delegation stated that he was in the custody of the independent judicial
authority of Libya. This authority was in conflict of jurisdiction with the International
Criminal Court regarding his case.
57.
The Constitutional Declaration, in paragraph 14, guaranteed freedom of opinion,
expression, the press and the media, while the laws restricting the freedom of the press and
media had been abrogated by article 35 of the same document, including Law No. 120
(1972), Law No. 76 (1972) and Law No. 75 (1973). Article 15 of the Constitutional
Declaration rescinded the ban on the formation of political parties and peaceful association.
58.
On transitional justice and national reconciliation, the delegation reiterated that
Libya had replaced Law No. 17 (2012) with Law No. 29 (2013) on transitional justice to
deal with crimes committed by the Qadhafi regime against Libyans and against Libyan
women in particular. Victims should be looked after in all aspects and given financial
support and access to justice. Decision No. 380 (2012) had established a psychological
support centre for the victims of sexual violence and torture. Decisions nos. 119 and 445
(2014) had also addressed their situation and established a fund for them.
59.
On the cooperation with the International Criminal Court, the delegation underlined
that, although Libya was not party to the Rome Statute, Libya had been cooperating with
regard to the resolutions of the Security Council since 2011.
60.
As for torture and enforced disappearances, under Law No. 29 (2013) on transitional
justice, detainees must either be charged or released within specific time frames. The Public
Prosecutor had formed four committees to classify the cases of those prisoners being held
in the prison of the Ministry of the Interior. Furthermore, Law No. 10 (2013) criminalizing
torture, enforced disappearance and discrimination had established investigative
commissions, and many cases were being studied.
61.
The delegation highlighted that Libya was trying to limit the death sentences to the
minimum. The legislature had identified punitive laws that must be brought into line with
international human rights standards. The Ministry of Justice was working with the United
Nations Office on Drugs and Crime to develop a plan to review the country’s criminal
legislation.
62.
Libya was continuing its investigations in relation to the massacre in Abu Salim
prison. Death certificates had been presented to some families, but they lacked some
information. Therefore, a committee was hearing the testimonies of those representing the
victims in order to reissue certificates with the latest information.
63.
Chile considered that Libya should investigate and punish State and non-State actors
who committed acts of violence against women and children.
64.
China appreciated the establishment of the National Council for Civil Liberties and
Human Rights, the new electoral law guaranteeing seats for women delegates, the law
promoting the rights of cultural and linguistic groups, and efforts to improve the judicial
system.
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