Written by Alrassed Alliby Editor 2
4 Oct 2013 4:48 pm
Human Rights Watch calls for Libya to suspend the death sentences against Gaddafi supporters
The Organization of Human Rights Watch said today on the Supreme Court in Libya suspension of death sentences issued against a former official of the reign of Gaddafi and fighters loyal to him, the trial concern of safety procedures.
He had been issued civilian and military courts for at least 16 death sentences in 2012 and 2013, as the 12 sentenced to death in absentia. And the government should declare an immediate moratorium on the death penalty and work to cancel it. On 31 July 2013, the Court of Appeal condemned Misurata Ahmed Ibrahim and Walid Dbnon, on crimes were done during the Libyan uprising in 2011, including murder and kidnapping, and sentenced them to death by firing squad.
The lawyers said Ibrahim, a former official of the Gaddafi era, and Dbnon, a volunteer fighter in 2011 in the ranks of the pro- Gaddafi forces , told Human Rights Watch that they were unable to meet their clients in private or questioning of key witnesses . And resumed Abraham, Dbnon, judgmental condemnation on September 22 to move the process include a review of the Supreme Court of the death penalty.
For his part, said Joe Stork, acting executive director of the Middle East and North Africa director at Human Rights Watch: "contrary to these provisions mixed with wrongs with a pledge to Libya to promote international standards for fair trial. Given the number of persons sentenced to death, and the state of the general chaos that prevails justice system in Libya, Libya to impose an immediate moratorium on the death penalty.
Under the Code of Criminal Procedure Libyan Supreme Court should support the death penalty , as required ratification by the Supreme Judicial Council . The Court of Appeal has condemned Ibrahim on charges of " inciting civil war and the pursuit of division among the citizens", and conspiracy to kidnap and kill members of the family in Sirte , central Libya, which were considered anti- Gaddafi , on 12 September 2011. It also included the indictment also "broadcasting false and tendentious rumors during the war in order to spread terror among the people" and committing acts of "public exposure to risk." The fighting between the opposing forces and pro-Gaddafi rages in Sirte in September 2011, then took control of anti - Gaddafi forces on Sirte on October 20 / October 2011, and killed Muammar Gaddafi and his entourage in that battle .
As far as expanded Human Rights Watch to be realized, issued military and civilian courts in Misrata and Zawiya , Benghazi and Tripoli, 28 death sentences , including 12 sentenced in absentia , since the end of the conflict of 2011 . Those provisions include issues related to dispute 2011, in addition to ordinary criminal cases mostly on a murder charge. Among all convicted longer Abraham , Dbnon and four other militants were sentenced to death in absentia with them , they are the first group of people does not officially belong to the army and sentenced to death for crimes committed in the context of 2011 , which ended the rule of Gaddafi continuation 42 years later .
Case included four additional defendants, were sentenced to prison terms ranging between 3 and 5 years. On June 5 Misrata military court sentenced to death two charges of murder and indiscriminate firing on civilians during the conflict of 2011. On 13 March / Benghazi Criminal Court ( ICC ) issued five death sentences for people convicted of armed robbery that led to the death of 5 people . Between January and August / Criminal Court issued four death sentences corner in 3 separate cases, involving all the killings. On September 26 / September the Court of Appeal in Tripoli 3 sentenced to death in a murder case and one. State courts not implemented any official sentenced to death since 2010
Promotes human rights law the inherent right of every human being to life , and shortens the death penalty , in countries that did not agree to ban , for the most serious crimes , and crimes are usually leading to death . In Libya, Frequently emergence of the death penalty in the legislation as a penalty try for crimes varied, as can be found in the texts impose the death penalty in at least 30 articles of the Libyan Penal Code , including the actions of a political nature , and vandalism , and to establish any organizations or " formations " are not sanctioned by law , without any further clarification of the ban.
And opposed by Human Rights Watch and the death penalty in all circumstances because of its inherent cruelty and inhuman nature and that cannot be reversed. However, the issues of Abraham, Dbnon, stirring additional concerns on human rights and the integrity of the proceedings, according to Human Rights Watch
The lawyers said Ibrahim and his family , said people familiar with the procedures trial Dbnon , told Human Rights Watch that prison authorities did not allow only some visits requested by the lawyers , and turned a blind eye to requests for lawyers to meet with their clients in private . The sources said that one of the guards was present during the interviews at the headquarters of detention in court, which terrorized accused the and imbedded Atrddan in freely discuss the case with lawyers. Lawyers did not attend the interrogations and prosecutors of the two men. During the trial proceedings Chair refused defense requests to call key witnesses for questioning. The court relied exclusively on confessions, it is alleged that the defendants in the case partners had made are forced, and condemns Abraham and Dbnon.
In the deteriorating security environment in Libya, there are many cases to do militia harassment of lawyers and judges, prosecutors, witnesses and relatives of the accused, and intimidate and threaten. And Human Rights Watch is aware of alleged threats against at least one of the lawyers in the case Abraham and Dbnon. The Human Rights Watch documented such attacks from the militias in Benghazi, Derna and corner and Misrata throughout the year 2013 . In June, a leading judge of the assassination was presented to death at the hands of unknown assailants in Derna in eastern Libya. In August, unidentified assailants assassinated the Chief Military Prosecutor in Benghazi.
Exacerbated by the weakness of the judicial police, a force responsible for security during the trial proceedings, and the headquarters of detention, due to a lack of capacity and training. The authorities have struggled, with limited success, to control all headquarters of detention, including those run by militias. The detainees complained, lawyers and relatives of the accused , who conducted them , Human Rights Interviews in 2013 in various parts of Libya, the absence of judicial review and access to legal representation. Under the basic principles of the United Nations on the Role of Lawyers, states are obliged to ensure the ability of lawyers to perform all of their professional functions without intimidation, hindrance, harassment or improper interference , and not to jeopardize their safety as a result of discharging their functions .
She told the UN Commission on Human Rights, a body of independent experts reviews the countries' commitment to the International Covenant on Civil and Political Rights , said that " in the case of trials leading to the imposition of the death penalty , the respect checker guarantees of a fair trial is of particular importance ," and that any death sentence issued after an unfair trial is a violation of the right to a fair trial. The need for Libya to join the many countries that have already committed to the decision of the General Assembly of the United Nations on 18 December 2007, calling for a moratorium on executions , as part of a global trend towards abolition , according to Human Rights Watch .
Stork said : " is of adherence to the standards of a fair trial importance than ever before in cases involving the death penalty, and should not be for the courts to give in to pressure from the street, should also Libya to choosing a consensus growing international anti- death penalty."