**************************************************************************************************** NOTE FROM THE TRANSLATORS - This translation is for informational purposes and is only an approximation of the original,

Arabic legal text . It should not be relied upon as a legal document and for the best understanding of the justice law it is recommended to read the original Arabic document which can be found here : http://twl.sh/ykUvmb
Participated in the translation : - The Libya Outreach Group - @libyanproud - @ArmchairArab - @FatimaShwehdi - @LibyanBentBladi

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Law no. 4 for the year 2011 AD Concerning National Reconciliation and Transitional Justice Law

With regard to establishing the rules of National Reconciliation and Transitional Justice After reviewing: The Temporary constitutional declaration issued on August 3rd, 2011 AD. The Civil law. The Law of Civil and Commercial procedures. The Penal Code and the complementary laws thereto. The Criminal procedure law and the modifications thereto. Military legislation in force. Law No. 19 of the year 1989 AD for approving benefits for casualties of military operations, those missing in action and prisoners Law No. 6 of the year 2006 AD, regarding the law system and the modifications thereof. Law No. 4 of the year 2010 AD, regarding conciliation and arbitration. The statements issued by the Temporary National Transitional Council pertinent to public freedoms and human rights. And pursuant to the presentation of Justice Affairs and human rights official of the executive office. And pursuant to the conclusion of the Council on the meeting held on Wednesday 16/11/2011 AD. The following law is issued:

Chapter One
General Provisions : Article (1)
Definitions: Within this law, the following terms have these meanings hereby assigned to them: Transitional Justice: A set of legislative, judicial, administrative, and social procedures that addresses the violations of human rights and basic freedoms committed by the Libyan former regime, and attempts to achieve reconciliation in cordial means between some community groups. Commission: The fact-finding and reconciliation commission stated herein. Incidents: Any act which constitutes an offense or violation of human rights.

Article (2)
The provisions thereof shall apply to the incidents that occurred since September 1st, 1969 AD until the achievement of the desired goals hereof; and shall not apply to persons who have completed the reconciliation under the former regime, nor for disputes whereby judicial rulings have been issued and executed.

Article (3)
The Law aims to: Establish social peace. Deter human rights violations. Spread a spirit of reassurance among people and convince them that justice exists and is effectively administered. Determine the responsibilities of state agencies for addressing human rights violations. Document and safeguard the incidents related to transitional justice and submit them to the competent national authorities. Compensate victims and the injured. Achieve social reconciliation.

Chapter Two
The Fact- Finding and Reconciliation Commission:

Article (4)
A national commission, called the Fact Finding and Reconciliation Commission, affiliates to the Interim National Transitional Council shall be established and to be located in Tripoli city, and shall have an independent legal entity and financial assets, and shall operate at every local council. The commission shall have jurisdiction over the following: Finding facts about incidents related to human rights violations during the period referred to in Article (2) and taking the required measures, including referring the perpetrators to trial. Examining and investigating incidents of mass crimes, acts of violence, planned or random assaults committed by groups or regular or irregular formations ; and the loss of lif and rape or loss of assets as a result of those incidents. Preparing reports about every incident submitted to the commission . the report shall include the following : a-A complete Statement of Incident supported by evidence b-The results obtained through examination and investigation including a precise determination of responsibility and of those who are designated to it. c-Steps taken by the commission with regard to reconciliation between parties. d-The commission recommendations for containing the situation or resolving the dispute, including the recommendations for referring people or incidents to the competent courts. Continuous investigation about the cases of enforced disappearance, revealing the fate of those who disappeared and finding the appropriate solutions for those whose deaths have not been proved. Submitting proposals to activate the process of disarmament, demobilizing militants and reintegrating them into the community. Developing and enriching dialogue and establishing the pillars of reconciliation to support democratic transition communicate with civil society institutions and educate the public on the Commissions performance and their jurisdictions.

Article (5)
The Commission shall have a Board of Directors consisting of a chairman and ten (10) members to be appointed by the National Transitional Council. The Board of Directors shall serve as the supreme authority that manages its affairs and represents it in any relationship with third party and in front the court of law.

Article (6)
The Board of Directors shall : Appoint the chairman and members of the sub-committees within the framework of the Local Councils. Set the internal regulations for the Commission and all affiliated committees. Review committee reports and submitting a final report at the end of its mission.

Article (7)
The members chosen for the Board or its affiliated committees must: Be of Libyan Nationality, and possesses the experience, the qualification, the impartiality, the knowledge, the wisdom, and the ability to perform work. Have a good reputation and behavior. Not have been previously involved in the revolutionary committee movements or have been a member of the revolutionary guards, or the popular guards, or the secret service that belongs to the former regime. Not have been convicted of a crime related to public service or profession or any immoral crime. Not have been dismissed from job or profession due to a disciplinary decision. Not be less than 40 years old.

Article (8)
The chairman, Board of Directors and members of its sub-committees will take the following oath before exercising their legal right: ( I swear by Almighty God to perform my duties with honesty, sincerity and impartiality). The chairman and council members shall swear their oaths before the Interim National Transitional Council, and the committee members shall take their oaths before the chairman of The Commission Board of Directors.

Article (9)
The Commission and its sub-committees shall take the necessary measures to consider disputes. These disputes shall be presented to the Commission by: The Minister of Justice or Minster of Interior. The Attorney General. The disputing parties or one of them and their agents may represent them and in accordance with the provision of civil and commercial procedures law. The Commission has the authority to assess the designation and capacity of the disputed parties.

Article (10)
The Commission and its committees have the right to review all documents and evidences in any person(s) possession, and to hear the testimony of the parties who are deemed necessary.

Article (11)
Meetings of the Commission and its sub-committees shall be in public unless secrecy is required for reasons of public order and public morals.

Article (12)
There is nothing in the provisions of this law that violates the right of the aggrieved or his agent in seeking judicial reparation to claim compensation for the violations he suffered; or that

limits the authority of public prosecution to file suit against those accused of committing those Violations

Article (13)
The Commission shall approve the justified decisions made by the sub-committees and grant them the writ of execution and it also shall return the report to the competent sub-committee for further examination and investigation and gathering of evidences if the investigations showed deficiency or imperfection or if the results contained contradictions, and shall take into consideration what it deems as appropriate for the submitted subject matter , .The Commission shall consider the disputes that cause conflicts among the competencies of more than one subcommittee.

Article (14)
Without prejudice to the provisions of Law No. 19 of the year 1989, used to refer to those aggrieved owing to the crimes of the former regime and who have the right to receive adequate compensation, and material and moral compensation shall be delivered as follows: To pay the financial compensation. To apologize to the aggrieved or to acknowledge the transgressions or abuses against them. To commemorate in accordance with the guidelines of the Council of Ministers. In any other way as decided by the Council of Ministers and as per the Commission's recommendations. The aforementioned compensation is determined according to a justified decision by the Commission in accordance with the standards and regulations prescribed by the Executive Statute hereof and the Commissions decision shall grant a writ of execution.

Article (15)
A Fund called the Victims Compensation Fund shall be established and shall have an independent legal entity and financial assets. The Victims Compensation Funds responsibility is to pay the compensations due by the virtue of this law. The National Transitional Council shall determine the Fund's resources and how to finance it. The Council of Ministers shall issue a regulation that governs the fund , and this regulation shall include the method of paying compensation, due dates, and the kind of compensation . The Victims Compensation Fund shall act on behalf of the aggrieved in claiming their rights.

Subject to Article 88 of the Civil law's, the Fund has the right to administratively confiscate the debtor's funds in accordance with the law No. 152 of the year 1970 AD.

Article (16)
Any person who refrains from empowering the authorities designated to enforce this law to share any evidences or documents in their possession; or found to have concealed or destroyed them; or refused to appear before the fact-finding committee and reconciliation commission; shall be punished with criminal penalties prescribed by the law, taking into account the amnesty

measures relevant to this matter.

Article (17)
The Executive Statute thereof is issued by the Prime Minister.

Article (18)
This law shall come into force from the date of publication and shall be published in the Official Gazette.