A/HRC/31/47
70.
While the Government bears primary responsibility for investigating and
prosecuting those responsible for serious violations and abuses, it appears that the justice
system does not presently have the means or capacity to be able to conduct prompt,
independent and credible investigations into allegations or to prosecute those responsible in
a manner consistent with human rights. Challenges relate to the lack of protection for
judicial actors, victims and witnesses; limitations in the legal framework and the capacities
of the judicial system; and, in some quarters, the lack of confidence in the ability of the
justice system to render impartial justice, particularly in “political cases” relating to the
conflict.
71.
Priority actions needed include addressing the security threats to the administration
of justice, particularly by armed groups, and reform of the judicial police (including
comprehensive vetting in accordance with standards of due process, and ensuring
appropriate training and equipment) so that it can provide effective and impartial protection
for judicial actors and court facilities. Robust victim and witness protection is required to
allow individuals to come forward with information and to engage in proceedings.
72.
Continued reform of the Penal Code and the Code of Criminal Procedure is
important to ensure that crimes under international law are criminalized under domestic
law, and that provision is made for the differing modes of criminal responsibility
recognized in international law (including command and superior responsibility). Personnel
could be further trained in investigation, prosecution and adjudication of crimes under
international law. Given the large number of cases arising in 2014 and 2015, effective case
selection and management systems should be established.
73.
Trust in the ability of the justice system to render justice must be re-established.
Members of the judiciary and other judicial actors should undergo a further process of
vetting in accordance with standards of due process, focusing on the removal of persons
with responsibility for corruption, bias, incompetence or the commission of human rights
violations or abuses. More generally, further measures should be taken to ensure the
independence of the judiciary and of investigations; to build the capacity of justice system
actors (including the Ministry of Justice); to strengthen the provision of legal services; to
increase public access to laws; and to monitor performance. A plan of action addressing the
justice sector should be devised and implemented accordingly.
74.
In order to maximize the quality and efficiency of proceedings and of technical
assistance programmes in this area, the Government might consider creating a specialized
judicial structure within Libyan courts to focus on crimes under international law. The
structure would need to be supported by specifically appointed judges, prosecutors,
investigators and lawyers. Its design would have to take into account security concerns,
including with regard to deciding on its location. Consideration could also be given to
initially embedding foreign advisers or experts to work in tandem with Libyan officials.
75.
Significant discussion would be needed to further such efforts. The High
Commissioner therefore supports the convening of a high-level meeting to bring together
Libyan actors and international partners to discuss initiatives to foster accountability for the
gross violations of international human rights law, serious violations of international
humanitarian law and serious abuses of human rights committed in Libya, including those
that may amount to crimes under international law.
76.
In addition to criminal investigations and prosecutions, steps should be taken to
reinvigorate other transitional justice mechanisms, including truth-seeking, reparations and
institutional reform. The measures taken since 2011 (including the law on transitional
justice, the law on political and administrative isolation and amnesty laws) should be
reviewed to ensure compliance with international human rights standards and appropriate
coverage of the events of 2014 and 2015.
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