A/HRC/25/42
complex crime investigations should be enhanced. A fair vetting and recruitment
process for the Judicial Police and other detaining agencies should be established.
Proper resources and training to ensure the effective management of prisons in line
with international human rights standards should also be provided;
(e)
Implement a comprehensive approach to transitional justice through,
inter alia, ensuring the appointment of qualified and independent members of the
Fact-Finding and Reconciliation Commission, taking into account gender issues and
ensuring the coordination of all truth-seeking initiatives. Full and effective
reparations should be provided in a fair, consistent and gender-sensitive manner and
without discrimination. The Law on Political and Administrative Isolation and related
vetting legislation and policies should be reviewed to ensure that vetting criteria and
the process for their application are precise, proportionate and fair. Any commission
for missing persons should be independent and impartial, with the resources and
authority to search for and identify all missing persons, regardless of affiliation, and
take the necessary measures to support their families. All necessary measures should
be taken to ensure a safe environment, free of intimidation, for the trials of members
of the former regime and members of the armed brigades, whilst ensuring accordance
with internationally recognized fair trial standards;
(f)
Develop a robust legal framework for the promotion and protection of
human rights by ensuring that the constitution and national legislation are fully
compliant with international human rights standards, including by completing the
comprehensive review of the penal code, the code of criminal procedure and other
legislation. An inclusive, consultative and transparent constitution drafting process
should be carried out, with the full participation of all sections of Libyan society,
including those representing women, indigenous peoples and minorities, with the aim
of adopting a constitution that safeguards dignity, non-discrimination, equality and
human rights for all;
(g)
Take all necessary steps to ratify the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the International Convention for the Protection of All Persons from
Enforced Disappearances, the 1951 Convention relating to the Status of Refugees and
its Optional Protocol and the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights and withdraw all of its reservations to the
Convention on the Elimination of All Forms of Discrimination against Women;
(h)
Establish a moratorium on the use of the death penalty, aiming to
abolish it. Pending abolition, ensure full compliance with the restrictions prescribed in
particular in article 6 of the International Covenant on Civil and Political Rights,
including by limiting the use of the death penalty only to the most serious crimes and
by ensuring scrupulous respect of due process guarantees, including fair trial
guarantees in capital cases.
67.
The United Nations High Commissioner for Human Rights further encourages
the implementation of the recommendations set out in the report of the International
Commission of Inquiry on Libya.
___________
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents