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.
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