Thursday, June 16, 2022

Why is this case being sent to a military court?

The Libya Observer writes:

The first criminal court circuit of Tripoli Court of Appeals ruled Wednesday that [the] Abu Salim case was out of its judicial specialty, referring the case to military justice.

The case was sent to th[e] court circuit after the second criminal court circuit of the Supreme Court decided in May 2021 to appeal the 2019 ruling of Tripoli Court of Appeals that dropped all charges against the perpetrators citing the end of the duration of litigation (10 years since the date of [the] crime).

[The] Abu Salim Prison massacre took place on June 29, 1996. 1269 inmates were killed with the excuse of starting a riot and resisting prison guards.

This account does not explain why the case had to be referred to a military, aside from giving the prosecution a belated second bite at the apple. Human rights jurisprudence suggests that human rights violations by military personnel should be tried in civilian courts. An event in which 1269 prison inmates were killed would certainly suggest that human rights had been violated.

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