Legal expert explains factors hindering death sentence enforcement
The execution of death sentences against several Libyan citizens in the eastern part of the country over terrorist and criminal cases has sparked legal and constitutional controversy regarding the legality of the procedures used in their trials, especially amid Libya's institutional and judicial divisions. Legal experts emphasized that military courts are exclusively authorized to try military personnel and prisoners of war, and expanding their jurisdiction to include civilians in terrorism cases is unconstitutional and violates judicial laws. They clarified that executing death sentences must be carried out by a competent and independent court, and that such enforcement requires strict legal procedures, including approval by the Supreme Court, guarantees of a fair trial, respect for the rights of the defense, and avoidance of confessions obtained under duress. Additionally, they noted that security conditions and political division negatively impact the integrity of trials, making it easier to use the death penalty as a tool for revenge, which threatens the rule of law and undermines national reconciliation. They stressed the urgent need to halt the implementation of illegal sentences, review all cases, unify judicial oversight, and ensure human rights in trial processes, in order to achieve an independent national justice system that upholds the rights of both the accused and the victims.
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