Transitional justice and national reconciliation. Libyas situation

The application of the "transitional justice" procedure may take years, as in previous experiences where the implementation of transitional justice mechanisms in South Africa after the end of the system of racial discrimination took several years, and the work of truth commissions in Latin America following the fall of the dictatorship in Peru and Chile and the submission of former officials to criminal courts took 10 years.

In the Libyan case and after the triumph of the 17 February revolution, there is no doubt that achieving "justice and justice" among the people in the transitional period is one of the most important needs to re-establish the state on the basis of legitimate, constitutional, legal and democratic mechanisms.

Although the "transitional justice" procedure contains sensitive and painful issues for all parties, it is undoubtedly of the utmost importance and even critical for success in the process of transition from illegality to legitimacy, from authoritarianism to freedom and from dictatorship to democracy.

The "transitional justice" phase in the Libyan case was expected to take place for several years.

What if transitional justice doesnt apply?
Armed confrontations between the rebels and the Qadhafi brigades, imposed by the crimes committed by the battalions from the very beginning of the peaceful revolution, in addition to the military operations by the counter-revolutionary forces and the coup militias called "dignity", have so far resulted in thousands of deaths and tens of thousands of wounded, missing and displaced persons, as well as psychological and material damage and unprecedented health and environmental disasters in Libya.

In the absence of any methodology to deal with this huge amount of crimes committed by the Qadhafi Brigades, his sons, the Haftar militias and his sons and other armed battalions in the western region, ignoring the issue of "transitional justice". ", we are expected to witness an overwhelming torrent of individual and collective reprisals that will lead to further violations by all parties, In particular, the popular demand for qisas from those who committed such crimes will escalate dramatically.

Transitional governments have found a large package of violations, grievances and crimes that cannot be ignored or postponed. Some may believe that the solution lies in tribal reconciliation and in the commonly accepted methods between Libyan tribes and the right that prevailing tribal solutions may benefit in car accidents or individual or family disputes.

However, those "reconciliation" will not be useful in the consequence of this revolution, which began peacefully and then turned into violent confrontations and flagrant violations of human rights by the decimated regime and by some rebels.

Prosecution of individual and group perpetrators of violations will be ineffective, scattered sessions of reconciliation among tribal leaders will be fruitless, and indiscriminate material reparations will be ineffective, and an integrated comprehensive plan based on two inherent core pillars of transitional justice and national reconciliation should be developed.

There are many obstacles and obstacles to transitional justice in the transitional phase and beyond, including:
1. The inability or slowness of the Transitional Authoritys executive organs to initiate the formation of truth commissions, commissions of inquiry or courts that will broadcast in individual and collective cases, or to implement court rulings established to broadcast cases of such violations.
2- The credibility of the judiciary or the weakness of its independence or its penetration by the symbols of corruption of judges, lawyers and jurists.
3- The effectiveness of the counter-revolution or the remnants of the "fifth line" to penetrate the ranks of the political and security leadership in transition, thereby enabling them to cover up violations and crimes involving elements of the dictatorship or during or after the battle for liberation.
To hasten the issuance of amnesties for political reasons or to grant judicial immunity to perpetrators of violations by promulgating a law on amnesties that have been exploited by perpetrators during the various stages.
5- Blur the facts, their absence or the inability to disclose the facts required to settle the files of violations of the dictatorship phase or their inability to disclose files and crimes committed as their victims continue to suffer.
6. The loss of the documents and documents required to convict the elements of the system before a fair judiciary provides the defendants with the right to defend themselves on the grounds that "the defendant is innocent where he is found guilty".

1. There are many indicators that may reveal the transitional authoritys failure to achieve the required justice, including:
Impunity for a number of the regimes heads, whether from the tribe, revolutionary committees, security agencies or State institutions, owing to the general exemption issued by the Chamber of Deputies, or to the inability of the prosecution to produce compelling evidence to convict them before a fair court.
2. Some suspicious elements known as corruption and authoritarianism infiltrated important positions in the security, legal, judicial and political structure that have strong relations with the Transitional Authority or some of its elements.
3. The emergence of corrupt behaviours of elements of the Transitional Authority that perpetuate the notions of absolute authority supposedly deported with the deceased regime, which has a clear impact on the deprivation of Libyans practices of public freedoms and preventing victims of violations from obtaining fair sentences, reparations or confessions to their cases.
4. Some operators or those close to the transitional authority are keen to negotiate with and trade the remnants of the deceased regime, and be keen to strengthen the relationship with them, whether they are acquaintances, relatives, friends or business partners, which will result in new and old injustices and violations.

These negative factors, or some of them, will necessarily lead to a number of serious consequences and negative consequences against transitional justice and thus prejudice the democratic transition, including:
- Confusion of papers, loss of truth and the crimes becoming a victim.
- Victims suffering and feelings of injustice, frustration and despair are growing from the transition towards genuine democracy.
- Impunity for criminals, some of whom may be prevented by misleading allegations.
- Insecurity in the country, peace and social harmony due to the absence of justice and the rule of law.

If we agree on the need to go through the phase of "transitional justice", it is important that there be a balance and lack of urgency in sentencing in speedy trials that are not subject to international fair trial standards so that accountability does not turn into retaliation and the new system does not fall into the trap of authoritarianism and lack of respect for human rights.

Engaging in a transitional justice experience will assure people that violations will not be repeated in the future, and that accountability is subject to laws. After identifying priorities and applying transitional justice mechanisms, we proceed with the national reconciliation programme to promote the success of the transition phase and beyond, including:
First: The issuance of a number of laws, decisions and legal and administrative procedures in an arrangement incompatible with the possibility of challenging their legality, including:
1. The formal and legal abolition of the institutions of the decimated regime, in particular the security battalions, the movement of revolutionary committees, the Peoples Guard, the Revolutionary Guard and the security squares, some security services departments and any institutions affiliated thereto.
2. Establishing committees to prosecute those responsible for violations and to examine the procedures necessary to bring them to justice.
3. To initiate access to truth and justice in cases of enforced disappearance, missing and absent persons, the dead of mass graves and the victims of rape and mass murder
4. Establishment of a criminal court competent to prosecute all persons linked to the practice of violation of Libyan citizens rights and abuse of power
5 - Transfer of former officials to justice on charges of tyranny and violations of rights, crimes against humanity and corruption.
6. Provide means to compensate victims and apologize for their rights.
7. Rehabilitation of police and State security institutions and departments of the Ministry of the Interior and their transformation from repressive institutions into institutions that safeguard the security of citizens and society and respect citizens rights.
Recall ICTJ expertise to visit the country and hold dialogues and consultations with it in the presence of civil society institutions in order to build on past experiences and transfer important expertise in transitional justice so as to avoid mistakes that have occurred in some States in the past. Second

Second: Political, economic and social arrangements to achieve comprehensive national reconciliation and in parallel with judicial and legal arrangements, including:
1. To initiate a broad and inclusive dialogue in society, in particular with the families of martyrs and victims of the deadly regime due to gross human rights violations, in order to arrive at a precise definition of demands and priorities, while explaining the fact that all justice mechanisms are impossible to apply simultaneously and expeditiously.
2. Take practical steps to make it clear to society that the revolution has resulted in real changes through respect for human rights and the continued accountability of those responsible.
3. To begin reforming laws restricting freedoms and reforming institutions that have in the past violated citizens rights and not allow those who have been corrupted in the past to continue their destructive activities.
4. 4- Activating truth commissions, to uncover the truth about what happened during and after the revolution and ensure that it is not repeated.
5. In order for national reconciliation to succeed, there are several conditions that must be met:
6. 1. Formal recognition of the facts that constitute a violation of human rights and recognition of the principle of accountability of perpetrators within the framework of a conciliatory principle covering all the political and social spectrum.
7. 2. Recognize the principle of compensation for those who are physically and morally affected.
8. 3- Highlighting the experience of transitional justice in the national memory of the University in order to be a dam in front of anyone who thinks of committing the likes of it whether it addresses the event under investigation in the media or by setting up memorial scenes on the site of the event.
9. Disclosure of the fate of all disappeared and missing persons, identification of their disappearance and serious action to extradite the deceaseds remains to their relatives and to involve them in the related investigations.
10. To ensure the impartiality and independence of truth and justice commissions from the corridors of power, so that their members do not include those who have assumed functions that would carry out political or judicial practices related to events investigated.

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