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Monday, July 9, 2012

Gaddafi case still pending at the Arusha Court

A case against former Libyan leader Muammar Gaddafi still awaits decision of judges at the Arusha-based African Court on Human and Peoples’ Rights.

Late Libyan leader Muammar Gaddafi
Commenting on the case, Mr Jean-Pierre Uwanone, the AfCHPR Communications Officer put the records right here saying the slain Libyan president wasn’t summoned at the Arusha Court during his lifetime.

“The statement would rather be as follows: A case was brought to the African Court (in Arusha) by the African Commission on Human and Peoples’ Rights, based in the Gambian capital of Banjul. The case was against Libya.”

“Officially the case is formulated as follows: Application No 004/2011 – African Commission on Human and Peoples’ Rights versus Great Socialist People’s Libyan Arab Jamahiriya,” revealed Mr Uwanone.

The African Court’s spokesperson explained further that the case against Libya was still pending at the Arusha Chambers of the AfCHPR in Majengo area.“As the case is still pending before the Court waiting for the Decision of the Judges, I cannot discuss its content,” said Mr Uwanone.

The legal action against Gaddafi’s regime was initiated by the African Commission on Human and Peoples’ Rights in 2011.The court documents indicate that the commission has received “successive complaints against Libya.” Peaceful demonstrations in the Libyan cities of Benghazi, al-Baida, Ajdabiya, Zawiya and Derna were “violently suppressed by security forces” who “opened fire at random” on 19 February 2011, the commission alleges.

It also accused the late President Gaddafi’s forces of “excessive use of heavy weapons and machine guns against the population, including targeted aerial bombing,” which amount to “serious violations” of the right to life, freedom of expression and freedom of assembly.


The indictment refers to other international condemnations, including the initial UN Security Council resolution on 26 February 2011, which criticized the regime for violation of human rights and the Arab League’s call for an end to violence. The order is signed by 12 judges, including the court’s president and vice-president.

The African court on human and peoples’ rights which is located in the Majengo-Burka area in the Arusha City suburbs and presided by Justice Gerald Niyungeko of Burundi is the continent’s equivalent of the European court of human rights.

By MARC NKWAME, Tanzania Daily News

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