A/HRC/25/42 51. The Division will work further with Libyan judges to provide advice and capacitybuilding support to increase their understanding of the international human rights instruments ratified by Libya and their direct application in the national legal system. In addition UNSMIL intends to observe selected trials in order to provide advice and recommendations on further reforms and training required. 5. Processes of the International Criminal Court 52. On 26 February 2011, the Security Council adopted resolution 1970 (2011) in which it decided to refer the situation in Libya to the Prosecutor of the International Criminal Court and further decided that the Libyan authorities should cooperate fully and provide any necessary assistance to the Court and the Prosecutor. On 27 June 2011, the Court issued arrest warrants and requested the transfer of Abdullah al-Senussi and Saif al-Islam Qadhafi, as well as the late Muammar Qadhafi, to The Hague.10 The Libyan authorities have challenged the admissibility of the cases. 53. In May 2013, the Pre-Trial Chamber of the Court rejected the admissibility challenge by Libya in the case of Saif al-Islam Qadhafi.11 Libya subsequently appealed this decision. With regard to the admissibility challenge filed by Libya in the case of Abdullah al-Senussi, the Pre-Trial Chamber decided that the case was inadmissible before the court under Article 17(1) (a) of the Statute.12 Abdullah al-Senussi’s defence counsel has appealed against this decision. 6. Institutional reform 54. The approach of the Libyan authorities to vetting and institutional reform is an area of concern. There has been very limited vetting of new members of institutions, such as the armed forces, police, judiciary and Judicial Police. In contrast, strong exclusionary measures have been taken against those who served under the Qadhafi regime and they are not compliant with international human rights standards in a number of aspects. 55. One such measure is the Law on Political and Administrative Isolation which was adopted by the General National Congress in May 2013. The law, which is applicable for 10 years, lists a wide range of political, administrative and other positions, as well as types of affiliation and conduct, as a basis for excluding individuals from public life. While the law provides for certain due process guarantees, including the right to appeal to administrative courts and the Supreme Court, it contains criteria which are vague, farreaching and disproportionate and therefore likely to violate the human rights of the individuals concerned. Exceptions to the law were considered but ultimately rejected. One example of the shortcomings of the law relates to Mohammad El-Magariaf who decided to resign as President of the Congress in anticipation of the application of the law to him. He had previously been the Libyan Ambassador to India – one of the positions affected by the law – before leaving the country and engaging in over three decades of active opposition to the Qadhafi regime. 56. A number of challenges to the constitutionality of the law were submitted to the Constitutional Chamber of the Supreme Court, including one by the National Council for Civil Liberties and Human Rights. The Supreme Judicial Council, charged with the 10 11 12 See decision on the Prosecutor’s application pursuant to Article 58 as to Muammar Mohammed Abu Miyan Gaddafi, Saif Al-Islam Gaddafi and Abdullah Al-Senussi, No. ICC-01/11, dated 27 June 2011, available from http://www.icc-cpi.int/iccdocs/doc/doc1101337.pdf. See http://www.icc-cpi.int/iccdocs/doc/doc1599307.pdf. See decision on the admissibility of the case against Abdullah Al-Senussi, No. ICC-01/11-10/11, dated 11 October 2013, p. 152, available at http://www.icc-cpi.int/iccdocs/doc/doc1663102.pdf. 13