A/HRC/17/44
strengthening civil society and opening the country to a new peaceful and democratic Libya
will necessarily have to take into account the historic baggage left behind by Qadhafi
regime, including the situation described in the present report.
255. The present report should also be viewed in light of future post-conflict justice and
transitional justice mechanisms designed to provide justice and reconciliation among the
people of Libya in order to sustain peace in that country and peace between Libya and the
international community. While post-conflict justice and transitional justice are not within
the scope of the present report, its fact-finding work will nevertheless be useful in of the
work to ensure post-conflict justice and transitional justice.
256. Although the contemporary political situation is unrelated to the Commission‟s
mandate, it has a bearing on the continuation of the conflict and as a consequence on the
ability of the Commission or any succeeding body‟s ability to continue the necessary
investigations into the human rights and humanitarian law situations in that country. In
addition, it should be noted that identifying violations, how they occurred, and why they
have occurred will necessarily have a bearing on post-conflict justice (transitional justice)
after the conflict has ended.
257. The Commission has been able to accomplish its mandate in a relatively short period
of time and particularly during the period of an ongoing conflict. It considers that further
work needs to be done to fully investigate the numerous allegations it continues to receive
at a time when the conflict is still ongoing. Future work would also permit the assessment
the veracity of the allegations received particularly with respect to the use of mercenaries,
the use of child soldiers, sexual violence and violations against migrant workers. Lastly, the
Commission feels that it is not at this stage in a position to identify those responsible, as
requested in the resolution establishing its mandate.
V. Recommendations
258.
The Commission calls on the Government of the Libyan Arab Jamahiriya:
(a)
To immediately cease acts of violence against civilians in violation of
applicable international humanitarian law and international human rights law;
(b)
To conduct exhaustive, impartial and transparent investigations into all
alleged violations of international human rights law and international humanitarian
law, and in particular to investigate, with a view to prosecuting, cases of extrajudicial,
summary or arbitrary executions, disappearances and torture, with full respect for
judicial guarantees;
(c)
To release unconditionally and immediately all those who are being held
as a result of their participation in peaceful demonstrations or otherwise being
arbitrarily detained;
(d)
To reveal the names of all those in its custody, as well as those who have
died in its custody, in order to relieve the suffering of the relatives of the disappeared;
in the cases of those who have died, the Government should produce evidence of their
deaths together with the precise whereabouts of their burial sites;
(e)
To grant adequate reparations to the victims or their families, and to
take all appropriate measures to prevent the recurrence of violations;
(f)
To ensure free, full and unrestricted access to all places of detention for
humanitarian and human rights organizations, granting access to all facilities without
prior notice and to all premises of each detention centre, the possibility for repeat
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