The Guardian (Charlottetown)

Death sentence for Gadhafi’s son

Human rights groups say trial undermined by serious due process violations

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Moammar Gadhafi’s son and onetime heir apparent was convicted and sentenced to death on Tuesday by a court in the Libyan capital, Tripoli, on charges of murder and inciting genocide during the country’s 2011 uprising.

But Seif al-Islam Gadhafi is unlikely to face the firing squad anytime soon. The sentence was handed down in absentia because he remains in the hands of a militia in western Libya that has refused to hand him over for the past four years — yet another sign of the country’s bitter fragmentat­ion since his father’s fall from power.

The uncertaint­y surroundin­g Seif al-Islam’s fate underlines both the weakness of the courts and the general chaos this North African nation has descended into, split between rival militias and government­s while being threatened by an affiliate of the extremist Islamic State group, which has benefited from the turmoil and captured some areas in Libya.

The same Tripoli court on Tuesday also sentenced to death eight other former regime officials, including former Libyan spy chief, Abdullah al-Senoussi, who is in custody in the Libyan capital, as well as foreign intelligen­ce chief Abuzed Omar-Dorda and Gadhafi’s former prime minister, Baghdadi al-Mahmoudi.

The rulings can be appealed, and a defence lawyer in the case, Ali Aldaa, said he would challenge it before the Libyan Supreme Court. Another lawyer, Hussien Al-Sherif, described the verdicts as “very harsh.”

“We did not expect the sentences to be like this for the defendants, and there will be an appeal to the Supreme Court,” he said.

In London, al-Senoussi’s wife, Fatma Farkash, asserted that the Tripoli court didn’t have the authority to hand down the death sentence.

“It was a big shock for me and my children. We were not expecting this. It was an ugly verdict,” she said.

“Libya doesn’t have a functionin­g state, and it was a closed hearing.”

U.S.-based Human Rights Watch said the trial was “undermined by serious due process violations,” and called on the Libyan Supreme Court to independen­tly review the verdict.

“This trial has been plagued by persistent, credible allegation­s of fair trial breaches that warrant independen­t and impartial judicial review,” said Joe Stork, Human Rights Watch’s deputy Middle East and North Africa director.

“The victims of the serious crimes committed during the 2011 uprising deserve justice, but that can only be delivered through fair and transparen­t proceeding­s,” Stork said.

Other internatio­nal organizati­ons, including the UN High Commission­er for Human Rights and the Council of Europe, also condemned the verdict.

 ?? AP PHOTO ?? Seif al-Islam is seen after his capture in the custody of revolution­ary fighters in Zintan, Libya, in November 2011. A court in the Libyan capital has sentenced al-Islam, Moammar Gadhafi’s son, to death over killings during the country's 2011 uprising.
AP PHOTO Seif al-Islam is seen after his capture in the custody of revolution­ary fighters in Zintan, Libya, in November 2011. A court in the Libyan capital has sentenced al-Islam, Moammar Gadhafi’s son, to death over killings during the country's 2011 uprising.

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