Human Rights Council holds interactive dialogue with Commission of Inquiry on Libya

Human Rights Council
MIDDAY

19 September 2011

State Secretary for European and International Affairs of Austria Addresses the Council

The Human Rights Council at a midday meeting today held an interactive dialogue with a member of the Commission of Inquiry on the situation of the human rights in Libya. The Council also heard a statement by the State Secretary for European and International Affairs of Austria.

Wolfgang Waldner, State Secretary for European and International Affairs of Austria, addressed the Council, saying that the victims of human rights violations looked to the Human Rights Council and its mechanisms for recognition of their plight, for assistance to ease their suffering and for justice as the best response to prevent future violations and abuse. The Council had given the proof of its ability to act in real time on human rights emergencies as testified by its special sessions on Libya and Syria and the creation of a country mandate for Iran. It had sent a strong message that human rights abuses and violations would not be tolerated and now was the time to translate words into action. There were other situations that required the attention of the Council, including the situation in the border region between Sudan and South Sudan, which was of a serious concern. The world was expecting the Council to take serious steps and make a contribution to sustainable peace in this region.

In the interactive dialogue, Philippe Kirsch, Member of the Commission of Inquiry on the situation of the human rights in Libya, said that the Commission of Inquiry hoped that changes on the ground would allow for greater access and was it confident that it would continue to receive the full cooperation of the National Transitional Council. The Commission had dealt with both general allegations of human rights violations and specific allegations of violations committed in the conduct of hostilities, but it had not had a chance to make an independent assessment. Accountability for past human rights violations was at the core of the recommendations presented in the first report of the Commission. The Commission had been unable to undertake any field visits to Libya since its first report to the Council due to the ongoing conflict and security, and budgetary and operational concerns, including access. The Commission was keen to more fully investigate allegations concerning the use of mercenaries, child soldiers, sexual violence and violations against migrant workers. In the next phase of investigations, it intended to focus on alleged violations of human rights in western Libya, in Tripoli and in surrounding towns and villages. An advance team of investigators would be dispatched to Tripoli during September 2011.

Mohammed Al-Allagi, Minister of Justice and Human Rights of Libya, speaking as a concerned country, said Libya expressed its sincere gratitude to the Commission of Inquiry for its work following the heinous crimes committed by Gaddafi and his regime in targeting unarmed civilians and children. Mr. Al-Allagi was the first representative of Libya to take the floor following the recognition by the United Nations of the new Government of the country. The support of the international community showed its appreciation for the struggle of the Libyan people to demonstrate peacefully for their concerns about justice, peace, and human rights including the right for free speech and assembly. Mr. Al-Allagi said that the National Transitional Council was willing to fully cooperate with the Commission of Inquiry and the revolution was launched in order to protect and promote human rights.

In the interactive dialogue on Libya, speakers said they had officially recognized the National Transitional Council of Libya as the legitimate representative of the country with the hope that there would be a smooth transition during this fragile period. Reconciliation among all parities was of utmost importance and the National Transitional Council was urged to do its utmost to promote and protect human rights on the ground and lead the much-needed reconciliation process. They strongly encouraged the National Transitional Council of Libya to provide any necessary assistance to the Commission of Inquiry so that it could complete its mandate, with a view towards bringing all perpetrators to justice. Combating impunity was the cornerstone for the establishment of a sustainable peace, for which the work of the Commission of Inquiry was very important. Speakers asked what the state of cooperation was with the Transitional Council and how the members of the Human Rights Council could best support the work of the Commission of Inquiry. Speakers said the aspirations of the Libyan people should be achieved and the international community must do all it could to help the political reform reflecting their will. It was essential that the international community provided seamless support to the new Libyan authorities, from emergency humanitarian assistance to that of democratization and reconstruction.

Speaking on Libya were Italy, Thailand, Switzerland, Japan, Czech Republic, Morocco, Jordan, Viet Nam, France, Egypt on behalf of the Arab Group, Turkey, European Union, Russian Federation, China, Maldives, Cuba on behalf of Bolivia, Ecuador and Nicaragua, Germany, Belgium, Canada, Austria, India on behalf of Brazil and South Africa, United States, Nigeria, Croatia, Mexico, Chile, Spain, Australia, Denmark, Norway, Qatar, Algeria, Egypt, United Arab Emirates, Portugal, Indonesia, Iraq, United Kingdom, Venezuela, Bosnia and Herzegovina, Kuwait, Lebanon, Slovakia, Tunisia, Sudan, Botswana, and the Republic of Korea.

The following non-governmental organizations also took the floor: Indian Movement Tupaj Amaru, Press Emblem Campaign, Human Rights Watch, and the International Human Rights Association of American Minorities.

The Council today is holding a full day of meetings from 9 a.m. to 6 p.m. During its afternoon meeting, the Council will hold an interactive dialogue on the report of the High Commissioner on the human rights situation in Syria as well as her oral update.

Statement by the State Secretary for European and International Affairs of Austria

WOLFGANG WALDNER, State Secretary for European and International Affairs of Austria, said that the victims of human rights violations looked to the Human Rights Council and its mechanisms for recognition of their plight, for assistance to ease their suffering and for justice as the best response to prevent future violations and abuse. The Council had given the proof of its ability to act in real time on human rights emergencies as testified by its special sessions on Libya and Syria and the creation of a country mandate for Iran. It had sent a strong message that human rights abuses and violations would not be tolerated and now was the time to translate words into action. There were other situations that required the attention of the Council, including the situation in the border region between Sudan and South Sudan, which was of a serious concern. The world was expecting the Council to take serious steps and make a contribution to sustainable peace in this region.

Turning to the cornerstones of the human rights policy of Austria, Mr. Waldner said that since this was the first membership of Austria at the Human Rights Council, he expressed sincere gratitude for the overwhelming support for their candidature and offered their full cooperation with all Council members. Austria had served as a member of the Human Rights Commission for several terms and the Vienna Conference and Vienna Declaration and Programme of Action were further examples of its commitment to ensure the protection of human rights. The principles guiding the endeavour of Austria in the area of human rights included absolute priority for the protection of human rights in its policy, full support to the human rights bodies and mechanisms and cooperation with them, a cooperative and transparent approach in the multilateral fora and a commitment to strengthening human rights institutions.

Austria was concerned about increased attacks on journalists world-wide, including their killings. Impunity for those acts constituted the biggest obstacles to addressing this deplorable form of violence. Independent reporting by journalists was a cornerstone of democracy and Austria said that more needed to be done to consolidate efforts to ensure the protection of journalists. Austria was deeply disturbed by attacks on religious minorities around the world and said that this could only be resolved with dialogue and partnerships. Child trafficking and violations continued to occur all over the world and Austria reiterated its commitment to address this issue and to help develop strategies which put the best interest of the child in all situations. Racism, intolerance and xenophobia were ongoing challenges to the world and Austria would continue to be actively engaged with all United Nations processes in this area. Austria was looking forward to contributing to the advancing of human rights worldwide with other members of the Human Rights Council and reiterated its commitment to supporting the High Commissioner and her field activities.

Interactive Dialogue with Commission of Inquiry on Situation in Libya

Presentation by Member of the Commission of Inquiry on Situation in Libya

PHILIPPE KIRSCH, Member of the Commission of Inquiry on the situation of the human rights in Libya, said that the Commission of Inquiry hoped that changes on the ground would allow for greater access and was confident that it would continue to receive the full cooperation of the National Transitional Council. The Commission had dealt with both general allegations of human rights violations and specific allegations of violations committed in the conduct of hostilities; but had not had a chance to make an independent assessment. Concerning arbitrary detentions, killings and disappearances, there had been reports concerning the arbitrary arrest and detention of hundreds of Libyans at checkpoints in and around Tripoli and in other localities by pro-Gaddafi forces. Violations in the fighting for the control of Tripoli, including summary executions of detainees in military camps, had also been reported. The Commission had also received reports of extra-judicial killings by forces of the National Transitional Council, including allegations of killings of pro-Gaddafi forces in central Tripoli. The mass arrest of black Africans who were suspected of being pro-Gaddafi mercenaries had also been reported. There were also reports of rockets into residential areas by pro-Gaddafi forces in Misrata. Pro-Gaddafi troops had also allegedly attacked hospitals in Misrata with tanks and artillery, attacked ambulances carrying injured combatants and targeted health workers. Troops loyal to Gaddafi and National Transitional Council forces had besieged towns and cities such as Misrata, Tripoli, Sirte and Bani Walid. The Commission would have to establish whether the besieging of towns and cities and targeting civilians was in contravention of international humanitarian law. Concerning reports of action by the North Atlantic Treaty Organization (NATO) which involved indiscriminate attacks on civilians, NATO had indicated that its targeting policy procedures and use of weaponry had been carefully designed and applied to avoid civilian casualties, was concerned about such allegations and looked into those cases; and that it was prepared to cooperate fully with the Commission.

Accountability for past human rights violations was at the core of the recommendations presented in the first report of the Commission. The Commission was concerned about the destruction of crucial documents and records and the effects that these may have on its efforts to establish the truth. The Commission had called on the National Transitional Council to take immediate and urgent steps to take control and protect official documents, electronic records and other information to ensure that those responsible for human rights violations were held accountable. The Commission had been unable to undertake any field visits to Libya since its first report to the Council due to the ongoing conflict and security, as well as budgetary and operational concerns, including access. The Commission was keen to more fully investigate allegations concerning the use of mercenaries, child soldiers, sexual violence and violations against migrant workers. The Commission had exchanged correspondence with the Office of the High Commissioner for Human Rights to seek support for the Commission to continue its work and undertake field visits; but there had been no possibility to dispatch an advance team before September 2011. In the next phase of investigations, the Commission of Inquiry intended to focus on alleged violations of human rights in western Libya, in Tripoli and in surrounding towns and villages. An advance team of investigators would be dispatched to Tripoli during September 2011. Mr. Kirsch hoped that the Commission would be able to establish an office in Tripoli for the duration of its mandate. The Commission would also consider the impact of the conflict on the enjoyment of economic and social rights and, in accordance with its methodology, would take all reasonable measures to meet victims, witnesses and others in confidential settings to prevent such persons from suffering any harm of reprisals.

Statement by Libya as a Concerned Country

MOHAMMED AL-ALLAGI, Minister of Justice and Human Rights of Libya, speaking as a concerned country, said Libya expressed its sincere gratitude to the Commission of Inquiry for its work following the heinous crimes committed by Gaddafi and his regime in targeting unarmed civilians and children. Mr. Al-Allagi was the first representative of Libya to take the floor following the recognition by the United Nations of the new Government of the country. The support of the international community showed its appreciation for the struggle of the Libyan people to demonstrate peacefully for their concerns about justice, peace, and human rights including the right for free speech and assembly. The Libyan people’s demands were met with weapons, missiles, and bombardments, leading to thousands of deaths in a country of 6 million people. The anger of the people had been seen on the streets, as people demanded the fall of this bloody regime that used foreign mercenaries against its own people. Millions across the world had seen the mercenaries used in Libya. The Arab League and the Human Rights Council had called for bold action on 24 February which dealt a significant blow to the regime. Libya praised the position of the Human Rights Council on that historic day. The regime had committed acts of terrorism against its people and there would be an independent, credible investigation to expose these acts and hold those accountable to justice. The Security Council had adopted resolutions 61 and 63 to protect the population against the arrogance of Gaddafi. Mr. Al-Allagi said that the National Transitional Council was willing to fully cooperate with the Commission of Inquiry and the revolution was launched in order to protect and promote human rights. The seventeenth session of the Human Rights Council had seen a resolution in which the Council expressed its deep concern over the thousands of deaths in Libya and recognized the efforts made by the National Transnational Council to work to protect the human rights of all Libyan citizens. The young people among the revolutionaries must respect human rights, reciprocity and the rule of law. Anyone who had committed a crime against the Libyan people would be given a fair trial and the right to due process would be held up according to international norms, which applied to those who had stolen from the people. Personal revenge would not be accepted as justice was the only way to correct past wrongs.

Mr. Al-Allagi stressed that the National Transitional Council had always left the door open to avoid further bloodshed. The revolution had sacrificed much during this transition, with more than 20,000 martyrs sacrificed and more than 20,000 injured and many disappeared with no information on their fate and with mass graves discovered in many cities such as Brega. The National Transitional Council expressed its willingness to cooperate with Judge Kirsch from the Commission of Inquiry and said it had worked hard to resupply cities isolated from the outside world with water and electricity. The National Transitional Council would develop procedures to be undertaken to facilitate visits to all locations by the Commission of Inquiry. Concerning the arbitrary detentions and disappearances, there were thousands of Libyans detained during the last seven months with the discovery of mass burial grounds. One of the brigades of Gaddafi’s regime had killed anyone in the brigade not willing to carry out orders; these were war crimes that would be prosecuted by the National Transitional Council. Colour was not the basis for discrimination and any mercenaries or individuals accused of human rights violations would be subject to a judicial procedure to be held accountable to the law and not to revenge and Mr. Al-Allagi called upon the international community to support Libya in this transitional process. The new Libya would protect and promote all human rights so that the sacrifice of the young people during the revolution would not be without meaning. Libya extended an open invitation to the High Commissioner for Human Rights and all Special Procedures to come to the country and noted that discussions were currently underway to establish a national human rights mechanism according to the Paris Principles.

Interactive Dialogue on Libya

LAURA MIRACHIAN (Italy) said that Italy had been strongly committed since the beginning to support the struggle for freedom of the National Transitional Council in Libya and was among the first to recognize the legitimacy of the new Libyan leadership. Italy had not spared efforts to provide extensive humanitarian assistance to victims of conflict and had delivered 55 tons of food to Cyrenaica and medial kits to patients in Benghazi and Misrata. On the basis of Security Council resolution 1970, Italy had also made available over 2.5 billion euro previously frozen. The transition of Libya to democracy had been dramatic, painful and was not fully achieved as yet. As recognized by Security Council resolution 2009, Libya was entering a second stage of the process, that of political, economic and social reconstruction of a new Libya. Italy would again play a key role among others through the United Nations base in Brindisi in assisting the newly established United Nations Support Mission in Libya. Respect for the rule of law and human rights were of utmost importance, and Italy trusted that the transition would continue to take place in the spirit of national reconciliation.

SIHASAK PHUANGKETKEOW (Thailand) said that Thailand remained deeply concerned by the ongoing armed violence and allegations of human rights violations in Libya and urged Libya, the international community, and relevant United Nations agencies to fully implement all relevant international Human Rights Council and Security Council resolutions, especially the call for an immediate cease fire. The Government of Thailand had officially recognized the National Transitional Council of Libya as the legitimate representative of the country since 13 September 2011 with the hope that there would be a smooth transition during this fragile period. Reconciliation among all parities was of utmost importance and Thailand urged the National Transitional Council to do its utmost to promote and protect human rights on the ground and lead the much-needed reconciliation process. Thailand strongly encouraged the National Transitional Council of Libya to provide any necessary assistance to the Commission of Inquiry so that it could complete its mandate, with a view towards bringing all perpetrators to justice. Thailand asked the Commission of Inquiry what were the priority measures to be put in place by the incoming authorities to ensure transitional justice during this period and what kind of technical assistance and capacity building would be required.

DANTE MARTINELLI (Switzerland) said that Switzerland welcomed the fact that 40 years of dictatorship in Libya were now a thing of the past and stood ready to provide its support to Libya for the establishment of the rule of law and the prevention of future human rights violations in this country. Combating impunity was the cornerstone for the establishment of a sustainable peace, for which the work of the Commission of Inquiry was very important. Switzerland asked what the state of cooperation was with the Transitional Council and how the members of the Human Rights Council could best support the work of the Commission of Inquiry.

KENICHI SUGANUMA (Japan) expressed Japan’s appreciation for the update and the efforts of the Commission of Inquiry amidst challenging circumstances; and welcomed the acceptance of the credentials of the National Transitional Council to participate in the General Assembly. The aspirations of the Libyan people should be achieved and the international community must do all it could to help the political reform reflecting their will. Japan was concerned by the battles that continued in certain parts of Libya and demanded that Gaddafi cease armed resistance immediately. Japan expected that the Commission would continue to play its role, on the basis of its mandate, and called on the Libyan Government to cooperate with the international community, including the Commission and the Office of the High Commissioner for Human Rights. It was essential that the international community provided seamless support to the new Libyan authorities, from emergency humanitarian assistance to that of democratization and reconstruction. Japan had decided to provide emergency humanitarian assistance as well as to release part of the frozen assets of the Gaddafi regime and intended to provide necessary support to the new regime in cooperation with the international community.

PATRICK RUMLAR (Czech Republic) said the Czech Republic condemned once again all violations of human rights in Libya and stressed that Gaddafi and the forces from the ancient regime should be brought to justice, a necessary step in the process of national reconciliation. The National Transitional Council should respect human rights and the transitional period should lead to fair and free elections. Full cooperation with the International Criminal Court was an essential condition for the proper investigation of crimes committed. The Czech Republic was ready to offer its experience from its own transition process. There should be free, full and unrestricted access to all places of detention for various international humanitarian and human rights organizations. What specific measures could be taken to ensure that the basic human rights of all detainees, including former combatants, could be respected and none would be subjected to torture or to cruel, inhuman or degrading treatment or punishment?

OMAR HILALE (Morocco) said Morocco welcomed the courage and credibility of the Transitional National Council and bowed in respect to the Libyan people. Morocco had been fully engaged in the international efforts in Libya, including the sending of medical assistance and the participation in political efforts in negotiations and relations with the Contact Group. These efforts had considerably contributed to the protection of civilians in Libya. Morocco applauded the position of the Transitional National Council to reach the truth and accountability and to ensure the respect and protection of human rights. This was clearly mentioned in the Charter of Democracy and Freedom adopted by the Transitional National Council. Morocco reiterated the need to rally international support to the Transitional National Council to achieve reconciliation between all the people and the territorial integrity of the country. In conclusion, Morocco called for a quick decision on the full membership of Libya in the Human Rights Council to enable it to achieve its goals.

MUHIB MAHMOUD AHMAD NIMRAT (Jordan) welcomed the head of the Libyan delegation and thanked him for this presentation and presented condolences to the families of the victims. Jordan congratulated the people of Libya for their revolution and welcomed Libya back into the ranks of the Arab League and hoped that Libya could soon take its place back in the Council. Jordan was among the first to condemn the targeting of the people of Libya and to offer support; it had provided humanitarian assistance in the context of the implementation of Security Council resolutions. Jordan reiterated its support for the people of Libya and the achievement of their aspirations through the establishment of new institutions and in the context of the promotion of tolerance, consolidation, justice and the rule of law, to guarantee its sovereignty and territorial integrity and respect for human rights. Human rights violations should not be tolerated in Libya and justice should have the last word through the application of fair trials.

VU ANH QUANG (Viet Nam) said Viet Nam supported and welcomed the decision of the United Nations’ General Assembly to accredit the National Transitional Council of Libya. The full enjoyment of human rights and fundamental freedoms could only be appreciated in times of peace and security. A process of national reconciliation and dialogue was needed during the post conflict process and Viet Nam was willing to offer its experience in this area to Libya. Viet Nam called on the National Transitional Council to respect its international obligations towards human rights and notably the rights of migrant workers and foreign nationals during the transitional period.

JEAN-BAPTISTE MATTEI (France) said France welcomed the representative of the new Libya and the work done by the Commission of Inquiry on Libya, particularly the relationship developed with the International Criminal Court. The international community had shown the ability to implement its responsibility to protect, said France, adding that combating impunity, the reconciliation process and respect for the rights of victims needed to be supported. Support was also needed for the establishment of a democratic state in Libya, characterised by the rule of law and respect and protection of human rights and fundamental freedoms. The participants in the international conference for support to the new Libya held in Paris earlier this month had agreed that the Transitional National Council had already been engaged in this direction. The international community and the Human Rights Council would have an important role to play in this process. Libya would still have to find its place in the international community and particularly in the Human Rights Council from which it had been suspended. France welcomed the decision of the United Nations General Assembly to accredit representatives of the Transitional National Council, which represented an important step towards this goal.

MAHMOUD AFIFI (Egypt), speaking on behalf of the Arab Group, welcomed the representative of Libya and thanked him for his statement. The Arab Group congratulated Libya on its revolution and hoped that peace might be swiftly re-established in Libya. Several Arab countries had provided assistance to the people of Libya and its humanitarian situation. The Arab Group called on the United Nations to assume its responsibilities and protect civilians in Libya, and called for the protection of Libya’s sovereignty and territorial integrity. The Arab Group had been a leader in calling for the National Transitional Council to be recognized as the legitimate representative of Libya at the United Nations. Libya had demonstrated in its statement today a genuine desire to participate with human rights mechanisms and the intention of the National Transitional Council to re-establish the rule of law and a policy of tolerance. Those responsible for human rights violations should be brought to justice; there was no room for vengeance or reprisals. The Arab Group listened attentively to the statement of Judge Kirsch but would have liked to have his report earlier to be able to study it; Egypt hoped that the Commission would submit a report to the nineteenth session of the Council next March. A new Libya would work to protect rights and freedoms and would be an effective member of this Council. Egypt welcomed the new Libya, wished for prosperity for the Libyan people and hoped that Libya would be able to rejoin the Council soon.

YAPRAK ALP (Turkey) said the establishment of security and order in Libya should be followed by the initiation of the political transition process on the basis of the National Transitional Council roadmap laid out in the provisional Constitution adopted last August. Libya would be in need of the international community’s material and moral support during this process and the international community should bolster its collective efforts to strengthen the National Transitional Council with legal, political and financial measures. The United Nations should play a central role in leading and coordinating the international community’s response to the challenges that faced the Libyan people. Since the outset of the crisis, Turkey had maintained its efforts to deliver humanitarian aid in order to alleviate the suffering of the Libyan people despite unfavourable conditions on the ground. Turkey’s financial pledge to the National Transitional Council had reached $ 300 million and Turkey was exploring possibilities to open an additional credit line for diesel fuel to support the Libyan people.

MARIANGELA ZAPPIA (European Union) said the European Union strongly condemned the grave violations of human rights and international humanitarian law perpetrated by the former regime in Libya and said that those responsible should be brought to justice. The European Union urged all countries to cooperate fully with the International Criminal Court. The European Union welcomed the Transitional National Council’s stated commitment to create an inclusive government that respected the human rights of all, particularly women. It also welcomed the commitment to build the new Libya on the respect of human rights and fundamental freedoms for all and said that those commitments should lead to concrete actions on the ground to prevent abuse. The European Union called on all countries to provide international assistance requested by the Transitional National Council. The European Union remained very concerned about recent reports of human rights violations in Libya and said that those practices must stop immediately. Ethnic minority groups were particularly vulnerable, said the European Union, and asked about the protection measures that could be taken in this case. Detention conditions were of a concern as well and the European Union asked the Commission of Inquiry to further comment on those.

ROMAN KASHAEV (Russian Federation) said the Russian Federation continued to be alarmed about the situation in Libya. Following events there economic activities had been halted, infrastructure had been destroyed and humanitarian problems had increased. This was a prolonged crisis with consequences for the region as a whole. This could complicate the process of forging a political settlement. All sides should keep in mind the move from conflict to political stability as swiftly as possible. The aim of forging an independent democratic state should be kept in mind while respecting Libya’s sovereignty and territorial integrity. All involved should observe international norms in the area of humanitarian law and international human rights. Crimes against the civilian population should not go unpunished.

XIA JING GE (China) said China noted the report of the Commission of Inquiry and that Libya had entered into a critical stage of reconstruction. China had recognized the will of the Libyan people and the new Government of the National Transitional Council and called on the international community to fully respect the sovereignty, unity and territorial rights of Libya and to provide continuous humanitarian support to the country. China was willing and ready to work with the new Government of Libya in this important transitional phase.

IRUTHISHAM ADAM (Maldives) said that the Maldives had recognised the National Transitional Council many months ago when the regime of Gaddafi turned its guns on its own people. The Maldives said that it was important not to be complacent as lots of work needed to be done to ensure that Libya became a strong and stable democracy built upon human rights and fundamental freedoms. In this sense, the country’s transition did not end today, it rather started, and would depend on the National Transitional Council and the future democratically elected government approaching the issue of human rights openly and constructively. The past must be dealt with, violations on all sides must be accounted for and the country’s new political settlement must be built upon international human rights law and principles. The National Transitional Council and the future government should work in close cooperation with the international community and it was vital that the new Libya moved quickly to implement international human rights law and engage constructively with international human rights mechanisms. In conclusion, the Maldives expressed its hope that the National Transitional Council would work to secure justice through independent and impartial investigations as only by doing so could the country secure national reconciliation and renewal.

PABLO BERITI OLIVA (Cuba), also speaking on behalf of Bolivia, Ecuador and Nicaragua, said after several months Western powers continued to undertake regime change using the United Nations for their political machinations. The North Atlantic Treaty Organization (NATO) had ignored the consistent attempts of the African Union to bring about a peaceful solution in Libya. Libya was virtually moving towards a trusteeship regime imposed by NATO. The major world media had served to distort the information on what was happening in Libya. Cuba reiterated the need for Libyan people to be able to have a negotiated solution. Cuba called for an investigation into the crimes of NATO in Libya. NATO was not protecting civilians; it was sacrificing them to imperial designs of conquest. Cuba called for the right of Libyan people to sovereignty and self-determination.

BJORN GEHRMANN (Germany) said that since the Special Session in February this year and the oral report by the Commission of Inquiry in June, the situation in Libya had evolving with the Gaddafi regime having lost it grip over most of the country. Germany hoped that the National Transitional Council would soon take over control of all of Libya and remained concerned over recent reports of grave human rights violations, including arbitrary detentions and killings. Germany called upon all sides in Libya to refrain from any violations of human rights and urged the new authorities to act according to their declarations on the protection of human rights, to refrain from any form of discrimination based on race or ethnic origin and to protect extremely vulnerable groups like prisoners and those suspected of being mercenaries who were exposed to increased risks of human rights violations. The rule of law would be an important factor in building a new Libya. Germany welcomed the National Transitional Council’s reassurance to investigate human rights abuses.

FRANCOIS ROUX (Belgium) said that Belgium thanked the Commission of Inquiry and added that the fight against impunity, which was a priority for Belgium, meant that the violations committed by the regime must be addressed. In this sense, Belgium strongly supported cooperation with the International Criminal Court. Belgium saluted the commitment of the National Transitional Council to build the new Libya based on full respect for human rights and fundamental freedoms. Belgium had already put considerable financial resources to support the refugees and was ready to release more for the building of civil society and the democratic process in this country. Establishment of a strong democratic State in Libya was the only response to the expectations of its people, concluded Belgium.

ALISON LECLAIRE CHRISTE (Canada) said Canada was particularly appalled at allegations of violent and fatal incidents involving grenades and gunfire facilities run by Gaddafi loyalists, prior to the liberation of detainees by opposition forces. Those individuals in Libya who continued to violate international humanitarian law would be held criminally responsible. Canada was delighted to see the delegation of the National Transitional Council attending the Human Rights Council. Canada now hoped the National Transitional Council would fulfil its commitments to the rule of law, democracy and human rights. Canada asked what steps the Government of Libya could take to investigate allegations of abuse amongst both sides and how the Government of Libya could ensure that that those who may have committed crimes against humanity could be brought to justice in a fair and equitable process.

THOMAS UNGU.. (Austria) said Austria unequivocally condemned grave violations of human rights and breaches of international humanitarian law perpetrated by the outgoing regime in Libya. Violations amounting to crimes against humanity and war crimes should be fully investigated and the perpetrators must be brought to justice. Austria welcomed the referral of the situation to the International Criminal Court and called on all States to fully cooperate with the Court. Austria remained concerned about recent reports of extra-judicial killings and of arbitrary detention perpetrated by both sides and asked for an elaboration on the role of the Commission of Inquiry on the how those detained in the context of the conflict and before would be treated in accordance with international humanitarian law and human rights standards. What role would the Commission of Inquiry play in effectively dealing with the legacy of past violations that would assist the long-term goals of justice, national reconciliation and peace?

GLORIA GANGTE (India), speaking on behalf of the India-Brazil-South Africa Forum, said that the human rights situation in Libya remained of grave concern. Summary executions, enforced disappearances and other violations continued to be reported. India, Brazil and South Africa condemned all acts of violence against unarmed civilians and called upon all involved to strictly respect human rights and international humanitarian law. India called on the Libyan authorities to combat racial discrimination and ensure religious freedom and tolerance. The Commission of Inquiry should continue to investigate all alleged violations of human rights and international humanitarian law committed by all parties in the Libyan conflict and India, Brazil and South Africa called upon all relevant parties to cooperate fully with the Commission of Inquiry. India, Brazil and South Africa commended Tunisia and Egypt for welcoming a large number of refugees over the past months and hoped that the improvement in the situation in Libya would enable their return. In closing, India, Brazil and South Africa reiterated that the future of Libya should be determined by the Libyans themselves and called for an inclusive, durable political solution to the Libyan crisis leading to the formation of an all-inclusive transitional government.

EILEEN CHAMBERLAIN DONAHOE (United States) said the United States was concerned about impediments to the Commission of Inquiry’s full functioning during the critical months since the Human Rights Council extended its mandate. The United States saw a better future for Libya without a Gaddafi regime. The Transitional National Council had facilitated visits by the United Nations Refugee Agency, the International Organization for Migration and non-governmental organizations to detention facilities to investigate reports of the arbitrary detention and abuse of Libyans and Sub Saharan African migrants. The crisis in Libya was not over. The High Commissioner should expeditiously re-staff the Commission of Inquiry for Libya and grant it travel flexibility, so that it could continue its important work through the end of its mandate.

UMUNNA H. ORJIAKO (Nigeria) said Nigeria had recognized the National Transitional Council as the legitimate authority in Libya. However, it called on the leadership of the National Transitional Council to ensure full and unflinching respect for the human rights of all Libyans and all foreigners in Libya, in particular those of sub-Sahara African origin. Nigeria expressed serious concern about reports of human rights abuses committed by rebel forces against unarmed migrant workers, especially black Africans who were reportedly being accused of fighting as mercenaries on the side of pro-Gaddafi forces. Nigeria urged the National Transitional Council to take drastic, urgent and effective measures to put an immediate stop to these violations. Nigeria said that it counted on the National Transitional Council to live up to their pledge to implement the conclusions of the report of the Commission of Inquiry in the interest of engendering an atmosphere in the country that would be conducive for allowing democracy, good governance, respect for the rule of law and respect for civil liberties.

VESNA VUKOVIC (Croatia) said Croatia welcomed the adoption of the resolution 1970/2011 and 1973/2011 mandating the Commission of Inquiry to investigate all alleged violations of international law in Libya and fully supported its mandate. Croatia condemned all violations of human rights and international humanitarian law and in particular violence against civilians and sexual violence against women and girls. As part of its engagement in the transition process, Croatia had last week sent a humanitarian cargo to Benghazi as part of international humanitarian efforts. Assisting Libya in the political and economic aspects of the pending transition of Libya was an obligation of the international community and required coordinated effort of all relevant factors, said Croatia.

JUAN JOSE GOMEZ CAMACHO (Mexico) said Mexico condemned violence against civilian populations and urged the Libyan authorities to give priority to dialogue and avoid the use of force. Mexico had supported the suspension of Libya in light of the violations suffered by its people. Mexico expressed its concern over violations suffered by minorities and ethnic groups. Mexico welcomed the measures announced by the representative of the National Transitional Council of Libya. Mexico encouraged investigatory processes to hold those accountable for violations of human rights, particularly for those accountable for crimes of war.

PEDRO OYARZA (Chile) said the call by the Libyan people for more democracy was decisive in mobilizing the support of the international community. The approval by consensus in this Council that condemned the Gaddafi regime demonstrated that the international community could act in a united way. The recent decision by the United Nations General Assembly to approve the National Transitional Council as the representative Government of Libya was essential. Libya now faced numerous challenges including consolidating peace, establishing the rule of law and investigating the recent violations of humanitarian law, a moral imperative that could not be shirked. The Libyan authorities should give all necessary support to the Commission of Inquiry and noted that this would demonstrate the new Government’s commitment to the protection and promotion of human rights. Chile looked forward to establishing relations with the new Government of Libya.

AGUSTIN SANTOS MARAVER (Spain) said Spain thanked the Commission of Inquiry and took note of their recommendations. Spain had supported the establishment of this Commission and the definition of its mandate. Spain strongly condemned the human rights violations committed against the Libyan population by the regime responsible for the repression. Spain had recognised the National Transitional Council as the sole legitimate authority and representative of the Libyan people in May this year. The report of the Commission of Inquiry pointed to the existence of the violations committed in the country by all parties and Spain added that this might expose the country to vicious cycle of violence if the rule of law was not established soon and investigations were conducted according to the internationally accepted standards. Spain encouraged the authorities to establish new human rights legislation in accordance with commitments it had entered into.

RUTH STONE (Australia) said the international community had spoken with one voice in condemning the Gaddafi regime’s violent suppression of the Libyan population. Australia was deeply concerned by the Amnesty International report of 13 September alleging unlawful abductions, killing and torture by anti-Gaddafi forces during the uprising. Australia welcomed recent statements by the National Transitional Council expressing its commitment to the rule of law, democracy, equality and justice. Australia welcomed the statement of the Chairman of the National Transitional Council, Mustafa Jalil, in which he said that those responsible for serious human rights crimes committed during the conflict would face justice under the rule of law. The international community must do all it could to support the will of the Libyan people which would ensure an effective transition to a free democratic and inclusive Libya.

STEFFEN SMIDT (Denmark) said Denmark condemned the grave violations of human rights and international law by the previous regime in Libya and urged that those responsible for these violations should be brought to justice in cooperation with the International Criminal Court. Denmark welcomed the statement by Libya on its willingness to cooperate with the Commission of Inquiry and the Office of the High Commissioner for Human Rights. Denmark expressed concern at recent reports of human rights violations with arbitrary detentions on both sides and said that the situation of vulnerable groups, such as African migrant workers, required immediate attention to protect these groups.

HARRIET E. BERG (Norway) said that the situation in Libya had substantially altered since the Commission of Inquiry last reported to the Human Rights Council, but the need to closely monitor the human rights situation in the country still remained. Several reports referred to serious and widespread human rights violations committed in Libya by forces loyal to Gaddafi, as well as opposition forces and their supporters. Norway noted that accountability was key to efforts to win the peace and welcomed the statements of the National Transitional Council about the need to respect human rights and fundamental freedoms. Still, Norway was concerned about the recent reports of human rights violations, arbitrary detentions and extra-judicial killings. The situation of African migrants and members of minority communities was especially worrying. It was important that the National Transitional Council proceeded with comprehensive reforms in a manner as inclusive as possible. Equal participation of women and minorities was crucial, said Norway. The Libyans must lead the reform process, but the support and strong engagement of the United Nations in post-conflict Libya was also crucial.

MANSOOR ALSULAITIN (Qatar) said Qatar was pleased to hear the declaration that Libya was ready to welcome the Commission of Inquiry so that it could report back to the Council at the nineteenth session. Qatar welcomed Libya’s commitment to the relevant international human rights instruments. Qatar also welcomed Libya’s return to the Arab League and the United Nations General Assembly’s recognition of the National Transitional Council. Qatar welcomed the delegation of Libya to the chamber and said that Qatar believed there was no longer any reason for Libya not to occupy its seat in the Human Rights Council

IDRIS JAZAIRY (Algeria) said Algeria welcomed the representatives of the National Transitional Council and the report presented by the Commission of Inquiry. Algeria hoped that the current efforts would lead to the establishment of a new government and hoped that the membership of Libya in the Human Rights Council would soon be renewed. Algeria regretted the loss of life in Libya and called upon the Council to provide support to Libya to achieve accountability for human rights violations committed in this country. Algeria wished that all parties would condemn violence and resort to dialogue among all Libyans. Algeria also hoped that the National Transitional Council would fully control all weapons in the country. Algeria respected the right to self-determination of Libyans and said it stood ready to improve its relationship with this nation. Algeria hoped that the upcoming meeting of the Security Council would lead Libya back to its rightful place within African and the international family.

HIBA MOSTAFA RIZK (Egypt) said Egypt welcomed the delegation of Libya which was represented by the National Transitional Council. Egypt was well aware of the sacrifices made by the Egyptian people for freedom and democracy, given its own recent experience. The relationship between the two nations was not only characterized by their proximity, but by their common history. Egypt reaffirmed the fact that it had opened humanitarian corridors and provided humanitarian assistance during the crisis and reiterated Egypt’s support to the National Transitional Council to establish peace and security, and to achieve the ambitions and hopes of the free. Egypt had worked to achieve approval for the General Assembly’s recognition of the National Transitional Council as the legitimate representative last Friday and this illustrated the support of the international community for the Council. Egypt hoped to achieve the backing of the General Assembly to restore Libya’s position in the Human Rights Council and welcomed Libya’s intention to welcome the Commission of Inquiry.

SHAIKHA SALMA AL-ZAABI (United Arab Emirates) said that the United Arab Emirates hoped that the General Assembly resolution would allow the National Transitional Council to represent the new Libya in the Human Rights Council. The recognition of the National Transitional Council was the crowning of the achievements of the Libyan peoples over the past few months and represented the joining of the new Libya to the group of civilized nations.

PEDRO RODRIGUES DA SILVA (Portugal) thanked the Commission of Inquiry for its comprehensive assessment of the human rights situation in Libya and said that Portugal had supported from the outset the strong call of this Council for immediate and urgent action in view of the gross and systematic human rights violations. Unfortunately, the findings of the Commission of Inquiry about the human rights violations committed by the former regime confirmed their fears and these violations must be prosecuted and punished by the International Criminal Court. Portugal recognised the National Transitional Council as the legitimate representative of Libya until a democratically elected government was in place and welcomed the announcement of this morning concerning the establishment of the national human rights commission in Libya and the invitation to the High Commissioner for Human Rights to visit the country.

ASEP SOMANTRI (Indonesia) said that Indonesia had voiced its concern with the situation in Libya and shared the dismay of the international community at the manner in which the legitimate aspirations of the people of Libya had been greeted by the Libyan authorities. Throughout the crisis, Indonesia had consistently underscored the urgent need to protect and ensure the safety and security of civilians in Libya, had emphasized that ultimately the crisis in Libya could only be revolved through a political process that enabled the Libyan people to determine their own future, and had stressed that the international community, including the United Nations, must help create conditions which were conducive to the protection of civilians. Indonesia supported the ongoing efforts involving the National Transitional Council to promote reconciliation and build a democratic and stable Libya. Indonesia underlined the importance of the international community’s assistance in rebuilding post-conflict Libya, in particular by providing technical assistance and building capacity in the field of human rights.

ABDEL AMIR MOHAMMED (Iraq) said the Commission of Inquiry’s report contained a great deal of information about the relationship between human rights and the right to self-determination. Iraq expressed its pleasure at the reintegration of Libya to the United Nations. There was a new environment in Libya of democracy and freedom of expression as well as respect for human rights. Iraq welcomed the position of the Libyan delegation in Geneva and recognized the exceptional role that that delegation played in helping the Libyan people. Libyan people were a living example of a people rising up to achieve their aspirations and ensure their freedoms were respected. Iraq was pleased that Libya had returned to its place in the international community.

IAN DUDDY (United Kingdom) said that it had been the outrageous abuse of human rights in Libya that had prompted the international community to take action, such as the Special Session of this Council and the appointment of the Commission of Inquiry. The United Kingdom welcomed the Commission’s interim report today and believed that its work was crucial for a better understanding of the human rights situation in Libya and to help the new Libyan Government take action to meet its stated commitment to international human rights law. The United Kingdom urged the National Transitional Council to carefully consider the recommendations in recent Amnesty International report and called on all states to offer Libya the assistance needed to fully investigate all alleged human rights violations. The United Kingdom said that the perpetrators of crimes that had occurred under the former regime must be held to account and asked what the Commission of Inquiry believed was the best way to address impunity in Libya.

EDGARDO TORO CARRENO. (Venezuela) said Venezuela expressed regret for the loss of lives in Libya and condemned the use of violence. Venezuela rejected the use of force as a means for solving conflicts. It had advocated for dialogue among all parties and had not supported the military intervention by foreign powers which had raised the figures of those who died to the thousands. While these forces were supposedly protecting the civilian population, they had committed grave human rights violations in Libya. Venezuela supported legality and peace and in principle did not recognize the self-proclaimed National Transitional Council imposed by foreign intervention. The Council should denounce the aggression suffered by the Libyans and the bombings by the North Atlantic Treaty Organization, which had murdered innocent people and destructed infrastructure. The real objective of the intervention was to gain control of Libyan oil. Venezuela called for the immediate halt of the military intervention in Libya and the promotion of dialogue and reconciliation, with full respect for territorial integrity, sovereignty and self-determination.

LJUBICA PERIC (Bosnia and Herzegovina) said Bosnia and Herzegovina remained concerned about the security of the civilian population in Libya. Bosnia and Herzegovina welcomed the National Transitional Council’s position to restore order and prevent retaliations. Bosnia and Herzegovina commended the work of the Office for the Coordination of Humanitarian Affairs in easing the suffering of the Libyan population. Bosnia and Herzegovina were concerned about reports of human rights violations in Libya. Impunity should not be an option for the sake of the victims of such crimes and for the sake of national reconciliation. The United Nations needed to have an important role in post conflict reconstruction in Libya, including in human rights fields, but this should be a Libyan-led process responding to the real needs of the Libyan population.

TALAL ALMUTAIRI (Kuwait) said Kuwait welcomed the resolutions by the General Assembly and the Arab League recognising the National Transitional Council as the legitimate representative of the Libyan people. Kuwait reiterated respect for the sovereignty and territorial integrity of Libya and its willingness to assist Libya in the transitional process. Kuwait commended the very professional work conducted by the Commission of Inquiry and applauded the announcement of Libya to receive the visit of the Commission of Inquiry for the preparation of report to be presented at the nineteenth session of the Human Rights Council in March 2012. Kuwait called on all States to provide all assistance and support to Libya and on the Human Rights Council to consider taking a decision that would reinstate the Libyan membership in the Council in light of the commitment expressed by the National Transitional Council today.

RANA MOKADDEM (Lebanon) welcomed the Libyan delegation and hoped that Libya would soon join the ranks of the Council. Lebanon congratulated the National Transitional Council and hoped that it would enable the country to go back to the path of democracy and ensure respect for human rights.

FEDOR ROSOCHA (Slovakia) said the situation in Libya had changed considerably since the Commission first presented its report at the seventeenth session of the Human Rights Council. Slovakia commended the National Transitional Council’s engagement with the Human Rights Council to address human rights concerns. Steps should be taken to eliminate unlawful reprisals and ensure immediate unconditional release of those detained without veritable criminal charges. All detained persons should be treated in compliance with international human rights standards. Slovakia was firmly of the view that Libya’s sustainable stability, prosperity and national reconciliation could only be achieved through establishing truth and ensuring due justice and accountability for all alleged international human rights and humanitarian law violations.

MONCEF BAATI (Tunisia) said Tunisia welcomed and thanked the Commission of Inquiry for their statement and congratulated what was said by the Minister of the National Transitional Council concerning enabling the Libyan people to see the fruit of their sacrifices by the establishment of democratic society ruled by the law. Tunisia also welcomed the resolve of the Libyan authorities to cooperate with the United Nations human rights system and the open invitation to the High Commissioner. Tunisia supported the reinstatement of Libya as a member of the Human Rights Council and hoped that Libya would soon go back to the path of development. Tunisia would stand side-by-side with Libya in this process and called upon the international community to provide all necessary assistance to the National Transitional Council to realise their aspirations.

ABDELRAHMAN DHIRAR (Sudan) said Sudan welcomed the Minister of Justice of Libya and thanked him for his presentation on the recent developments of the Libyan revolution and also thanked the Commission of Inquiry for its report. Sudan congratulated the National Transitional Council for the success of the revolution. Sudan reiterated the
recognition of the National Transitional Commission as the legitimate representative of Libya and hoped they would soon rejoin the Council. Sudan noted the support it had provided to Libya during the crisis and reaffirmed the importance of respecting the sovereignty and territorial integrity of Libya. Finally, Sudan thanked the Transitional National Council for the success achieved and hoped that the new Government would work to ensure development and respect for human rights.

DAPHNE NOMSA MLOTSHWA (Botswana) said it was shocking to learn that the pro Gaddafi forces had had the moral audacity to use indiscriminate weapons such as rockets in areas populated by civilians. Botswana welcomed the Commission of Inquiry’s plan to conduct full investigations in Libya, focusing primarily on arbitrary detention, disappearance and killings, including of black Africans and dark-skinned Libyans, the use of mercenaries and child soldiers and sexual violence. The Commission should also consider the impact of the conflict on the enjoyment of economic, cultural and social rights including access to education, healthcare, food and water.

PARK SAN-KI (Republic of Korea) said the Republic of Korea commended the Libyan people in bringing a new future for the country and hoped that the new country would be built on a solid foundation of democracy, human rights and good governance. In the process of rebuilding the country, priority should be placed on investigating human rights violations and holding their perpetrators accountable. The Republic of Korea welcomed the recent acknowledgement by the leadership of the National Transitional Council on the role that Libyan women had played in the fight for democracy and freedom and hoped that they would be rewarded with the full and equal enjoyment of rights in their new country without discrimination. The Republic of Korea found it deeply disturbing to learn that human rights abuses were still taking place and urged the National Transitional Council to ensure that such abuses stopped. In closing, the Republic of Korea said that it would be glad to play its part in supporting the country in their efforts to build a country they dreamed of.

LAZARO PARY, of Indian Movement “Tupaj Amaru”, said that it wished to say on record that, in the face of international silence and complicity of northern non-governmental organizations, Western powers under the United States’ hegemony had perpetrated an act of military aggression against the Libyan people under the pretext of the protection of civilians. Given its magnitude, cruelty and brutality, the intervention of the North Atlantic Treaty Organization in Libya constituted an act of revenge and a crime against humanity; 20,000 bombing attacks had taken place in this dirty war over the past six month, through which it had destroyed civilian infrastructure and caused the deaths of hundreds of thousands of civilians dubbed as collateral damage. Security Council resolution 1973 violated the spirit of the United Nations Charter; nothing authorized this Council to legitimize intervention in the internal affairs of Member States. This was a question of controlling major oil reserves in Africa and promoting the geopolitical interests.

GIANFRANCO FATTORINI, Press Emblem Campaign, noted that the report of the Commission of Inquiry pointed out that media professionals had been subjected to unlawful treatment, including targeted attacks, arbitrary arrest, torture and enforced disappearances. Journalists had paid dearly for their work during the crisis in Libya. Many media professionals had been released and were able to testify about the intimidation, persecution, abuses and torture that they suffered. The Press Emblem Campaign urged the Commission to continue to investigate the fate of media professionals and called upon the authorities of the National Transitional Council to investigate incidents involving journalists and bring those responsible to justice and uphold the principles of freedom of opinion. The Press Emblem Campaign would like to see a new, independent syndicate of journalists in Libya.

PHILIPPE DAM, of Human Rights Watch, said in Tripoli Government forces had executed scores of detainees in custody as a merciless parting shot before the forces left. In other parts of western Libya bodies continued to emerge; many of them showed signs of having been executed in custody or similar situations to the case of 19 men dying from suffocation while held in shipping containers on a hot day. On the other side, when the National Transitional Council assumed control of Tripoli local security committees had engaged in wide scale arbitrary arrests of dark skinned people and these arrests continued. The National Transitional Council needed to prioritize the setting up of a justice system capable of providing a review of detainees as quickly as possible.

The Commission of Inquiry should not pull punches when it came to documenting human rights violations by the rebel forces. The uprising in Libya was motivated by a desire to break from the abusive practices of Gaddafi’s rule. The National Transitional Council should show its will and put Libya on a path to human rights and the rule of law.

ISHTIYAQ HAMEED, of International Human Rights Association of American Minorities, said a negotiated settlement was deliberately avoided for months while the North Atlantic Treaty Organization (NATO) illegally pursued regime change. The rebel drive to capture Tripoli would not have been possible without extensive NATO bombing. States must act to prevent the United Nations from being rendered dysfunctional through its use by belligerent States to legitimize aggression.

Concluding Remarks

MOHAMMED AL-ALLAGI, Minister of Justice and Human Rights of Libya, in his closing remarks, expressed the appreciation of the National Transitional Council for the support it had received from all States and reiterated the readiness of the Council to fully cooperate with the Human Rights Council and its mechanisms and also with the High Commissioner for Human Rights and her Office.

PHILIPPE KIRSCH, Member of the Commission of Inquiry on the situation of the human rights in Libya, in his closing remarks, said that a number of questions were raised during the interactive dialogue on Libya. The Commission of Inquiry had received unreserved cooperation by the National Transitional Council since the beginning and added that the Commission had received assurance of continuing cooperation in the future. The Commission of Inquiry was fully confident that the same cooperation in the future would be as forthcoming as was the case in the past. There were three steps to be undertaken by the authorities of Libya to ensure proper administration of justice in an impartial and independent manner. The legislation was largely flawed. It needed to be applied equally to all and the exemptions that existed needed to be removed. Libya was a party to many international human rights instruments and since the constitution had been suspended, it should not be too difficult to ensure the integration of international instruments into domestic legislation. The question of institutions was more complicated as they had been deliberately designed to ensure dissolution of authority, impunity and arbitrary decisions. The National Transitional Council had the duty to dissolve those institutions and put in place those that correspond to standards. The National Transitional Council needed to establish full control of all persons working for it as it was the only way to ensure that violations did not happen. This applied also to the control of weapons.

Turing to international assistance, Mr. Kirsch said that there were a number of possibilities, such as the provision of legal expertise in revising the legislation, assistance in institution building, including training of police, lawyers, judges, assistance in processing of detainees to prevent torture, assistance in establishing national mechanisms to address past violations, and assistance in securing and protecting documents of past human rights violations. The Commission of Inquiry would take into account all the statements made today and hoped that its recommendations could make a contribution towards the establishment of the rule of law in Libya. The peculiar question of accountability had not been studied during the first visit to Libya, as circumstances had been different, but this issue would be addressed before the end of the Commission’s mission and mandate.
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For use of the information media; not an official record