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Libya death sentences cast long shadow over rule of law | Libya death sentences cast long shadow over rule of law |
(about 11 hours later) | |
In July, a court in Tripoli ruled against more than 30 officials and personalities who had served under Col Muammar Gaddafi's government. The rulings included nine death-penalty verdicts, four acquittals and a range of other prison sentences for war crimes. | In July, a court in Tripoli ruled against more than 30 officials and personalities who had served under Col Muammar Gaddafi's government. The rulings included nine death-penalty verdicts, four acquittals and a range of other prison sentences for war crimes. |
Those condemned to death by firing squad include Col Gaddafi's son Saif al-Islam and former chief of military intelligence Abdullah al-Senussi, a figure who was once feared by Libyans on an almost mythical level - arguably for good reason. | |
The International Criminal Court also wanted Mr Gaddafi and Mr Senussi for alleged war crimes during the 2011 revolution that ended the colonel's 42-year rule. | The International Criminal Court also wanted Mr Gaddafi and Mr Senussi for alleged war crimes during the 2011 revolution that ended the colonel's 42-year rule. |
Successive Libyan governments insisted on prosecuting these men on home soil. | Successive Libyan governments insisted on prosecuting these men on home soil. |
They believed they could show the world a fair trial could be conducted. | They believed they could show the world a fair trial could be conducted. |
Perhaps, this was a cardinal mistake. | Perhaps, this was a cardinal mistake. |
Transitional justice is a complicated affair often emotionally charged. | Transitional justice is a complicated affair often emotionally charged. |
This was complicated even further in Libya because it transitioned from one war to another. | This was complicated even further in Libya because it transitioned from one war to another. |
Today, Libya is not secure - for anyone. | Today, Libya is not secure - for anyone. |
'Miscarriage of justice' | 'Miscarriage of justice' |
If nothing else, the verdicts illustrate the difficulties in conducting fair trials in a country ruled by militias, driven by revenge, and void of any effective central government. | If nothing else, the verdicts illustrate the difficulties in conducting fair trials in a country ruled by militias, driven by revenge, and void of any effective central government. |
This is a key issue that tainted the proceedings from the start. | This is a key issue that tainted the proceedings from the start. |
This trial had no witnesses brought forward, and no evidence presented or debated in court. | This trial had no witnesses brought forward, and no evidence presented or debated in court. |
When they were not too busy demanding access to their clients, which was often a difficult feat, defence lawyers constantly feared for their lives. | When they were not too busy demanding access to their clients, which was often a difficult feat, defence lawyers constantly feared for their lives. |
One was even shot in the leg. | One was even shot in the leg. |
Former Justice Minister Salah al-Marghani, who was in power when the trial began, told me: "It is a miscarriage of justice that will haunt Libya for a long time." | Former Justice Minister Salah al-Marghani, who was in power when the trial began, told me: "It is a miscarriage of justice that will haunt Libya for a long time." |
He said Libyans had been "deprived of finding out the truth in a fair trial to judge an era of severe tyranny". | He said Libyans had been "deprived of finding out the truth in a fair trial to judge an era of severe tyranny". |
So what do these verdicts mean? | So what do these verdicts mean? |
Few things are straightforward in Libya - including court verdicts. | Few things are straightforward in Libya - including court verdicts. |
The charges on which the death penalty was based were not clarified point-by-point. | The charges on which the death penalty was based were not clarified point-by-point. |
The silence of Western nations has been deafening. | The silence of Western nations has been deafening. |
The absence of official reaction from them creates room for many theories to be entertained by some observers. | The absence of official reaction from them creates room for many theories to be entertained by some observers. |
Do these men know too much? | Do these men know too much? |
The nine Gaddafi men sentenced to death | The nine Gaddafi men sentenced to death |
Perhaps it would be more convenient for countries such as France and the UK if these men were executed. | Perhaps it would be more convenient for countries such as France and the UK if these men were executed. |
Former French President Nicolas Sarkozy is accused of accepting funding from Col Gaddafi for one of his campaigns. It is an allegation Mr Sarkozy vehemently denies. | Former French President Nicolas Sarkozy is accused of accepting funding from Col Gaddafi for one of his campaigns. It is an allegation Mr Sarkozy vehemently denies. |
Are parts of former British Prime Minister Tony Blair's dealings with Col Gaddafi better left uncovered? | Are parts of former British Prime Minister Tony Blair's dealings with Col Gaddafi better left uncovered? |
It was within the confines of intelligence headquarters in Tripoli that documents were uncovered in 2011 showing Britain's co-operation with Libya in so-called counter-terrorism measures. | It was within the confines of intelligence headquarters in Tripoli that documents were uncovered in 2011 showing Britain's co-operation with Libya in so-called counter-terrorism measures. |
This included the rendition of suspected Islamists to Libya and allowing dissidents in the UK to be harassed by Col Gaddafi's henchmen. | |
The list of potentially incriminating or embarrassing scenarios is long. | The list of potentially incriminating or embarrassing scenarios is long. |
One Western diplomat privately suggested the absence of official reactions from several countries might have boiled down to semantics. | One Western diplomat privately suggested the absence of official reactions from several countries might have boiled down to semantics. |
I am told no-one wanted to say anything that could be construed as a pro- or anti-Gaddafi statement. | I am told no-one wanted to say anything that could be construed as a pro- or anti-Gaddafi statement. |
Awaiting confirmation | Awaiting confirmation |
But in a world of abundant kneejerk reactions by foreign governments to all things Libya, the silence is peculiar. | But in a world of abundant kneejerk reactions by foreign governments to all things Libya, the silence is peculiar. |
The death sentences still need to be confirmed by the Supreme Court. | The death sentences still need to be confirmed by the Supreme Court. |
"They might execute them in two months' time," Mehdi Bouaouaja, the Tunisian lawyer for Libya's former Prime Minister Baghdadi al-Mahmoudi, insisted to me. | "They might execute them in two months' time," Mehdi Bouaouaja, the Tunisian lawyer for Libya's former Prime Minister Baghdadi al-Mahmoudi, insisted to me. |
Mr Bouaouaja's client is among the nine men sentenced to death. | Mr Bouaouaja's client is among the nine men sentenced to death. |
Mr Bouaouaja also alleged they had "evidence" the verdicts had been discussed and "decided" on a senior level between two parliamentarians and a judicial official in Tripoli days before they had been made public. | Mr Bouaouaja also alleged they had "evidence" the verdicts had been discussed and "decided" on a senior level between two parliamentarians and a judicial official in Tripoli days before they had been made public. |
This could not be verified. | This could not be verified. |
Libya's rival power bases | Libya's rival power bases |
Libya's current state of rival parliaments and governments based on either side of the country has raised questions over political motivations for the sudden acceleration in the trial. | Libya's current state of rival parliaments and governments based on either side of the country has raised questions over political motivations for the sudden acceleration in the trial. |
Mr Marghani believes on both sides of the divide, the Libyan judiciary is "struggling to remain impartial in conflict zones" and "sinking further into politics". | Mr Marghani believes on both sides of the divide, the Libyan judiciary is "struggling to remain impartial in conflict zones" and "sinking further into politics". |
How the recent ruling came about paves the way for many more of its kind based on the same process. | How the recent ruling came about paves the way for many more of its kind based on the same process. |
It also fuels distrust in the judiciary, which can lead to people believing that justice is better served at their own hands - it is a vicious cycle and a dangerous path to tread. | It also fuels distrust in the judiciary, which can lead to people believing that justice is better served at their own hands - it is a vicious cycle and a dangerous path to tread. |
Four years ago, I watched men and women weep at the prospect of change when Col Gaddafi's rule ended. Justice, in his era, was as rare as a solar eclipse. | Four years ago, I watched men and women weep at the prospect of change when Col Gaddafi's rule ended. Justice, in his era, was as rare as a solar eclipse. |
But the shadow being cast over the rule of law today is bigger. | But the shadow being cast over the rule of law today is bigger. |
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