Capital punishment in Libya
From Wikipedia, the free encyclopedia
Capital punishment in Libya remains a legal practice in the region and is implemented in both civil and military law. Libyan law states that every person sentenced to death will be executed by a firing squad.[1] It was commonly used by the government of Muammar Gaddafi (who was himself ultimately summarily executed). However, the application of the death penalty in Libya has been inconsistent due to political uncertainty and conflict starting in 2011. The death penalty makes up more than 30 articles of Libya's penal code, providing a wide array of offenses punishable by death, including some that are related to freedom of speech and association.[2]
The legal system in Libya allows for the execution of capital punishment. The government maintains its usage for variety of different offenses. Libya continues its use of the death penalty in these ways.
- Article 3 of Law 71 on criminalizing partisanship, in which the death penalty can be applied to anyone who creates or supports a group condemned by the law; this includes all parties associated with this group, whether it be the people who manage it, fund it, or promote the said group. All group members will be regarded as equal regardless of their role or rank within the organization.[3]
- Article 207 states that anyone who decides to extend ideas that challenge the country's laws, social system, or government structure, especially those who do so by using force, terror, or any other illegal methods, will be sentenced to death.[4]
In present times, the Libyan government sentences those who are convicted of capital punishment to death by a firing squad; however, before the year 2000, those convicted of capital punishment would be executed by hanging.
It is understood that within Libyan law, there are certain parameters around those who can be executed. Article 8 of law number 41 states that juveniles between the ages of 14 and 18 who commit a crime that would normally be met with the death penalty will, instead of being executed, have their sentence reduced to a minimum of five years in prison, where they will follow a program focused on educating and reforming them so they can become responsible members of society.[5] It is also to be noted that pregnant women are unable to be executed until 2 months after they deliver the baby.
Articles 435 and 437 of the Libyan code of criminal procedure state that executions are not warranted to be performed on public holidays or holy days, and after the execution has been performed, the law states that burial is not to be celebrated. However, relatives can request to bury the body themselves. Otherwise, this task will be performed by the government.[6]
According to Libyan law, all death sentences enacted, including those of what was once the People's Court of Libya, whose jurisdiction has now been transferred to the ordinary criminal courts, must be approved by a Supreme Court ruling. Following the Supreme Court ruling, the Supreme Council for Judicial Authority must consent before an execution can be imposed.[7]
