A/HRC/25/42 3. Reparations 45. The Law on Transitional Justice also establishes the Victims’ Compensation Fund and provides for reparations, including compensation for material damage, memorialization, treatment and rehabilitation. Since the revolution, a number of reparations programmes have been established, such as the provision for compensation to former political prisoners under Law 50 of 2012. Under this law, all former political prisoners will be provided with 8,000 Libyan dinars for each month spent in prison between 1 September 1969 and 12 February 2011. Other forms of reparation which have been established by decree or law include the provision of pensions to the families of the missing and killed and compensation for the families of those killed in the Abu Salim prison. There are also legislative and other proposals for compensation and rehabilitation for victims of sexual and gender-based violence and further reparations for victims of the killings in the Abu Salim prison in 1996 and other groups of victims. Finally, a draft law to redress property grievances arising from the policies of the Qadhafi regime is under discussion. 46. Given the grave human rights abuses which took place over the previous four decades and the legacy of selective subsidies and compensation schemes put in place during the Qadhafi regime, crafting viable reparations programmes will be a challenging task for the authorities. In addition, the risk of inconsistent approaches to, or discrimination between, different categories of victims remains. 47. The Human Rights, Transitional Justice and Rule of Law Division has been working closely with the Ministry of Justice, the General National Congress, other Libyan authorities and victims’ groups to ensure the adoption of a comprehensive approach to reparations. In this regard, the Division will pay particular attention to the situation of women, especially those who have suffered sexual violence, and minority groups. 4. Criminal justice 48. A number of trials of senior former regime officials are currently taking place against a backdrop of security issues affecting the safety of prosecutors and judges and courts which are not fully functioning. In May 2013, former Prime Minister al-Baghdadi alMahmoudi was charged with incitement to kill and corruption. Saif al-Islam Qadhafi is currently being tried in Zintan for national security offences relating to his alleged escape attempt during a visit by officials of the International Criminal Court in 2012. Two other former Qadhafi officials on trial in connection with the misuse of public funds relating to the Lockerbie compensation awards were acquitted in Tripoli in June. The former Minister of Education and Information and five other former regime officials were sentenced to death by the criminal court (Cour d’Assises) in Misrata in July 2013 for inciting violence and the killing of demonstrators. Concerns have been raised with respect to the conduct of the trials in compliance with international human rights standards, including in relation to access to defence counsel. There are no reports of death sentences being carried out since the revolution. 49. In October 2013, the Chamber of Accusation of the South Tripoli Court endorsed the indictment of 37 high-level figures of the former regime, including Saif al-Islam Qadhafi and former chief of intelligence Abdullah al-Senussi. They are charged with crimes relating to the 2011 conflict and their trial is expected to take place during 2014. 50. The Human Rights, Transitional Justice and Rule of Law Division has advised the Prosecutor General on the need to adopt a prosecutorial strategy for dealing with the crimes of former regime members as well as those committed during the conflict. In this regard, the Division has focused some of the above-mentioned workshops organized with the High Judicial Institute on the development of prosecutorial strategies and on raising awareness of international human rights and rule of law standards. 12

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