A/HRC/25/42
40.
The Division is also working with the Judicial Police on reviewing internal
regulations to ensure respect for international human rights standards and is providing
technical assistance on enhancing prison security. Between January and April 2013, it
delivered three training workshops for approximately 60 Judicial Police officers based in
prisons in Tripoli and for 20 Judicial Police officers in a prison in al-Zawiya. It also visited
the Gernadah training centre in February 2013 to deliver a number of “train the trainer”
courses and provide advice on the organizational structure and training programme of the
centre. This support significantly contributed to improving the knowledge of human rights
standards of Judicial Police officers. In March 2013, the Division also proposed a draft
training strategy for the Judicial Police.
C.
Transitional justice
1.
Law on Transitional Justice
41.
On 2 December 2013, the General National Congress promulgated Law 29 of 2013
on Transitional Justice, repealing a previous law on transitional justice. The new law
represents the most important development in this field in Libya thus far.
42.
The Human Rights, Transitional Justice and Rule of Law Division provided advice
to the Libyan authorities8 and held expert workshops and events in several cities, including
in Misrata, Benghazi and Sabha,9 as part of its work to assist with the development of a
comprehensive transitional justice strategy. It also provided extensive comments on the
draft law, including comments which were incorporated into it, such as those relating to the
establishment and functioning of a new truth commission and of a separate reparations
body.
2.
Truth-seeking
43.
The Law on Transitional Justice provides for the establishment of the Fact-Finding
and Reconciliation Commission, which will address human rights violations committed
under the former regime and since its fall. The Commission succeeds its predecessor
established under the previous law, which has remained largely inactive. The Commission
is mandated to, inter alia, set out a complete picture of the nature, reason and scope of the
human rights violations committed; address the situation of displaced persons, missing
persons, and detainees; and decide upon reparations for victims. It will be headed by a
board of nine members appointed by the General National Congress. It will operate for four
years, with the possibility of a one-year extension, and will submit to the Congress a final
report with recommendations.
44.
In June 2013, the Congress ordered the establishment of a committee to investigate
the killings in the Abu Salim prison in 1996. The proposed decree was revised and adopted
as Law 31 of 2013 in December 2013. The Congress also passed a decree establishing a
committee to identify the causes of a land conflict in the western mountains.
8
9
See for example, the report “Transitional justice – foundation for a new Libya”, UNSMIL, 17
September 2012 (available from http://www.unsmil.unmissions.org/LinkClick.aspx?
fileticket=8XrRUO-sXBs%3D&tabid=3543&language=en-US).
See for example the recommendations of the conference on truth and reconciliation held in Tripoli on
12-13 Dec. 2012 (available from http://www.unsmil.unmissions.org/Default.aspx?
tabid=5292&ctl=Details&mid=9097&ItemID=807652&language=en-US).
11
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