african commission on human and peoples rights c libye requete n 0022013 2015 afchpr 40 10 aout 2015

african commission on human and peoples rights c libye requete n 0022013 2015 afchpr 40 10 aout 2015

Libya's failure to comply with the Court's provisional measures and to ensure fair trial guarantees for the detainee constitutes a violation of its international obligations under the African Charter, the Protocol, and other ratified human rights instruments.

Source-derived case information.

Citation
african commission on human and peoples rights c libye requete n 0022013 2015 afchpr 40 10 aout 2015
Parties
Applicant: Commission Africaine des Droits de l'Homme et des Peuples; Respondent: Libye
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Request for Provisional Measures / Order on Provisional Measures
Outcome
Provisional measures reiterated and further orders issued against Libya.
Legal Topics
Provisional Measures, Right to Fair Trial, Death Penalty, State Compliance, Detention
Source Language
en
Human Rights Law International Law Provisional Measures Right to Fair Trial Death Penalty State Compliance Detention

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Parties

Commission Africaine des Droits de l'Homme et des Peuples

Applicant

Libye

Respondent

Procedural Posture

Request for Provisional Measures / Order on Provisional Measures

  1. 1 Whether Libya complied with the provisional measures ordered by the Court
  2. 2 Whether the rights of the detainee, including fair trial guarantees, were respected
  3. 3 Whether the execution of the death penalty would violate Libya's international obligations

Ratio Decidendi

Libya's failure to comply with the Court's provisional measures and to ensure fair trial guarantees for the detainee constitutes a violation of its international obligations under the African Charter, the Protocol, and other ratified human rights instruments.

Court Disposition

Provisional measures reiterated and further orders issued against Libya.

Orders

  • Libya must refrain from any action prejudicing the subject matter of the case before the Court.
  • Libya must ensure the accused receives a fair trial in accordance with internationally recognized standards, including judicial independence and impartiality, and the participation of counsel, family, and witnesses as appropriate.