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30 Apr 2013 7:49 am
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Laws of the Violation of Human Rights in New Libya

Laws of the Violation of Human Rights in New Libya

The National Transitional Council (CNT) has enLaw ed several laws contradictory to agreements, treaties and protocols signed and ratified by Libya, including the International Covenant on Human Rights and the Covenant of African Rights, Human and Peoples.

Contradictory to the Provisional Constitutional Declaration promulgated by the junta, these laws are made by an unelected provisional authority and therefore do not have the legal background necessary for the enforcement of legal texts.

The promulgation of laws, decrees and legislation is not part of the prerogatives of the (CNT), this right could be exercised by an elected body or authority, accredited and approved by the Libyan people.


A National PLaw  established, respected and defended by all Libyans is the most efficient framework for a proper legislative process.

The (CNT) has promulgated a set of laws that violate basic human rights. These laws are summarized in the following:
Firstly
Law no. 17/2012 on the basis of national reconciliation and transitional justice:
This law is limited to cases (citizens) who claim to be victims of violations of human rights and oppression committed by the former regime since 1st September 1969 until now. That is to say, it does not consider violations committed by the organs of (CNT) and the Government.
This law stipulates the separation of the members of the Revolutionary Committees of all platforms of national reconciliation: a precondition for reconciliation and implementation of transitional justice.

Secondly
Law no. 26/2012 on the High Body for Implementation of the
Criteria of Integrity and Transparency:
The Law  specifies restrictions that include two-thirds (60% of the Libyan people). These restrictions include the prohibition of former officials and executives access to senior government and administrative positions. The reasons for this prohibition are ideological, political and tribal.


Under this law, sixteen (16) categories of managers and senior officials of the legitimate state are prohibited from accessing the public function, including those who have held positions within the different levels of popular committees, the Basic People's Congresses and all formations and components of the system since the Declaration of the Establishment of People's Authority in 1977, that is to say for 35 years!

"The Purification Committees members of the Social Popular Command, members, members to the Revolutionary Guard, members of the People's Guard, members of the Revolutionary Teams, the members of the Revolutionary Committees, members of the Student Union, all those  who has glorified the regime of masses, all those who called for the Mind of the Green Paper through the media or by direct cont tact with citizens, any person who established studies on the thought of Muammar Gaddafi or on the Green Book, all who had business affairs with officials of the legitimate regime of Libya, anyone who has received donations, gifts, grants or donations from the old system ... etc. .

This law provides a list of 18 positions prohibited to the abovementioned persons in the following areas of public service within the state:
The office  of (CNT) - Office of Government - diplomatic missions abroad - heads and members of Local Directions - Governors - Deans of Local Sections - Municipal Councils - public bodies - public services and companies - the first and second rows of military and security organs - the first and second rows of border police - Financial Controllers - university presidents - the deans - the heads of academic departments - the directors of institutes and schools - all educational institutions and research - the leaders and members of unions, federations and professional leagues - the student unions - the candidates for the National Conference - Chairman, members and office of the National Conference - all engaged in missions with the Government and with (CNT).

Thirdly
Law no. 35, on amnesty for some crimes:
An amnesty for all crimes committed by the ''rebels’’, '' during and after the war of liberation'', was announced. The amnesty law excluded the Leader Qaddafi, his children, his relatives and his men. Of course, the term'' men'' is at its multiple meanings and can be interpreted and described according to the personal interests and policies.

Fourth
Law no. 36/2012 concerning the placing of funds and properties of some individuals under justice administration.
The provisions of this Law include some people, their spouses and children. The possibility for addition of other people including those living abroad is open.
The implementation of this law shows the vindictive spirit through all the lists of persons involved in its procedures.
The absence of an objective approach in the establishment of these lists can be shown by the existence of several names of dead, poor ... Supporting the regime of the masses, is the only crime committed by these individuals.

Fifth
Law no. 37/2012 on criminalizing the glorification of (Tyrant) Qaddafi:
This law criminalizes the glorification of Muammar Gaddafi, his children, his thoughts, his system of governance, his loyalty vis-à-vis his country, all forms of praise of the Gaddafi regime and its leaders ..
This law criminalizes, also, all forms of criticism against the Government, or against the Mufti, or against (CNT), or the executives...


The little paragraph on'' criminalizing the glorification of the Tyrant'' in the text of Law 37/2012, which does not exceed (1/3), means there is a strong suspicion as to its promulgation.
Indeed, the implicit objective of the Law is very different from the virtual lens. The latter is used to introduce other paragraphs that can provide a tool of punishment and deterrence to the Council (CNT) against all opposing voices.
The acts included in the provisions of this law may well be interpreted or explained in accordance with the use purpose of the new authorities.
Sanctions under this Law '' are from three years in prison until at least life imprisonment.''
This law which strengthens the'' new tyranny'' was signed by the president of (CNT) Mustafa Abduljalil under the threats of the rebels while they were besieging the Palace Zone in Tripoli.

The implementation of this law allows (CNT) and the Government to silence opponents and pass the lies and fraud against the will and interests of Libyans.

Sixthly
Law no. 38/2012 on procedures for the transitional phase:
In Article 4, this law states that'' the law does not provide for sanctions against civil or military or security violation undertaken by the rebels to ensure or protect the victory of the revolution, ie: before, during and after the revolution''!

In Article 5, the Law abolished the right of families of victims and inmates to the prosecution of criminal and assaults before the Libyan courts.

In Article 6, Law 38/2012 authorizes the Ministries of Defense and Interior to take measures that restrict freedom of some citizens, as examples:
- Force them to mark the presence every day in designated police station,  
- Prohibit them to attend some places,
- Prohibit them to stay in a particular location (residence restriction),
- to put them under surveillance,
- to prohibit them to leave the living area,
- Prohibit travel,
- Deport foreigners.

Article 10 of Law 38/2012 authorizes the Ministry of Defense and the Ministry of Interior to arrest citizens without prior judicial order.
These laws constitute a flagrant violation against human rights.
They are contradictory to the treaties, protocols and conventions signed and ratified by Libya, including the Universal Declaration of Human Rights (published in 12.10.1948), Article 10 states that'' Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers..''

These laws are a violation against the African Covenant of Human and Peoples Rights, and the Law n. 20/1991 on Strengthening Freedom of Libyan citizens.

Contradictory to any covenants, to all treaties and all legislation that guarantees freedom of thought, freedom of expression, freedom of belief, freedom of movement and the right of the oppressed for justice, laws of ''new authorities’’ are even contradictory to the Constitutional Declaration promulgated by the coup leaders themselves.

Notes
• The (CNT) has promulgated special laws and decrees to support the militias, including one providing for an amnesty for their crimes against the Libyans.
• Abolition of one of the important documents to constitute legal recruitment files of ''rebels’’ to the public function: the'' Certificate of Criminal Status'', because all these candidates have criminal precedents and are wanted by Libyan courts before crisis.
• Decision under which the'' rebels'' will beneficiate from a quota of 10% from seats in the National Conference within the next election. (This decision is not yet released)
• A permanent financial benefit will be paid to'' rebels'' like ''veterans''.

This is the democratic state that has been promised before and during the Libyan war against our country.


This is the freedom of murders and crimes. The Freedom of armed gangs, criminals, militias and traitors.

 

 

  1. 1.       Law No. 17.      http://www.mediafire.com/?f6bp552ttrowj5q
  2. 2.       Law No. 26.      http://www.mediafire.com/?h8i3ofelb8zvqog
  3. 3.       Law No. 35.      http://www.mediafire.com/?s6c934fv08lw8ar
  4. 4.       Law No. 36.      http://www.mediafire.com/?3qpn2b9wdigkz2f
  5. 5.       Law No. 37.      http://www.mediafire.com/?8pe28kaxu558z6k
  6. 6.       Law No. 38.      http://www.mediafire.com/?bms9tt6j29hesyi