Libyan People's Court
Encyclopedia
The Libyan People's Court is an emergency tribunal founded in Libya after the "revolution" of 1 September 1969. Although its initial purpose was to try the officials of the overthrown Kingdom, many others also were trialed by this court. This article discusses only the trial of officials of the Kingdom.
. Some civilians were tried by the “Special Military Court”. Respecting high officials of the Kingdom era, some of those sentenced were released in 1974, Like Hussein Maziq. Many prisoners (including many other opponents of al-Gaddafi’s regime) were released in March 1988. But some of them remained in prison until 2001, like Ahmed al-Senussi
, who was released only after thirty-one years in prison (more than Nelson Mandela
).
Historical background
- The Kingdom era in Libya came to its end on the dawn 1 September 1969, as a group of junior-ranking army officers assumed authority. Almost all Libyans welcomed this revolution even before knowing the names of officers who would control the new regime. On 8 September, the name of the chief the 12-member revolutionary council was declared; he was the same man who declared the first statement of revolution, Muammar al-GaddafiMuammar al-GaddafiMuammar Muhammad Abu Minyar Gaddafi or "September 1942" 20 October 2011), commonly known as Muammar Gaddafi or Colonel Gaddafi, was the official ruler of the Libyan Arab Republic from 1969 to 1977 and then the "Brother Leader" of the Libyan Arab Jamahiriya from 1977 to 2011.He seized power in a...
. - Alhough the members of the revolutionary council had a high popularity among Libyans, they had to seek raisons d'étre (reasons to justify) their revolution to the nation and to the international community. The revolutionary council began to negotiate the evacuation of the American and British military bases in Libya (including Wheelus Air BaseWheelus Air Base-See also:*List of airports in Libya-External links:*****...
), even though the agreements authorizing these bases, which had been signed by the Kingdom-era officials, would expire by December 1971. The council also maintained that Kingdom officials were corrupt, so a court to try those officials was necessary.
The Court
- Before forming the court, one little problem has faced the new rulers, the charged persons, the Kingdom’s officials, have legal rights they’d already gotten by constitution and law. This problem has been patially resolved after issuing the “Constitutional Declaration” on 11 December 1969, which abolished the 1951 constitution of LibyaLibyaLibya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
, and put all authorities in the hands revolutionary council’s members. - Then came the problem of looking for the charges. They have the right to accuse any suspect by financial violations, since stealing and bribery are illegal in all countries.
- There was one serious moral problem might have faced them that how can they accuse the kingdom's officials by fabricating the results of elections in the Kingdom era whilst there were no elections run by the new revolutionary regime. This problem has been already resolved by the chief of Council al-Gaddafi by answering a student of the University of LibyaUniversity of LibyaThe University of Libya was a public university based in Tripoli and Benghazi, Libya. The university was established in 1955 and disestablished in 1973, when its colleges were split into two new universities: the Benghazi University in Benghazi, and the University of Tripoli in Tripoli.-Origins...
at BenghaziBenghaziBenghazi is the second largest city in Libya, the main city of the Cyrenaica region , and the former provisional capital of the National Transitional Council. The wider metropolitan area is also a district of Libya...
, on 6 November 1969, asking about the time of issuing a new constitution, and whether would be ratified by a popular referendum. "Usually", al-Gaddafi replied, "The provisional constitution, and the constitutional declaration…will not be ratified by a referendum, because the revolution happened representing the people's will, thus, every thing is done by revolution is representing the people's will..". - The court's hearings had been broadcasted by the Libyan television channel (founded less than one year before the revolution).
- One of the court’s judges was a member of the revolutionary council. He is Major Bashir Houadi, the court's chief judge. Sheikh Mahmud Sobhi, a parliament member during the Kingdom era, was also an associate judge. Major Umar MihayshiUmar MihayshiUmar Abdullah el Mihayshi was a Libyan of Circassian origin, an army officer and a member of the Libyan Revolutionary Command Council that ruled Libya after the coup d'état of 1 September 1969.-Life:...
, another member of the revolutionary council, represented the attorney-general. - Some of the defendants haven’t denied their political past as officials in the monarchy, like Hussein MaziqHussein MaziqHussein Yousef Maziq a Libyan politician was Prime Minister of Libya from 20 March 1965 to 2 July 1967. He was one of the most important men in the Kingdom era of Libya.-Family background:...
, Abdel Aziz El Shalhi, Abdel Hamid Bek Derna (descendant of the Karamanli dynastyKaramanli dynastyThe Karamanli or Caramanli or Qaramanli or al-Qaramanli dynasty was a series of Pashas, of Turkish origin who ruled from 1711 to 1835 in Tripolitania . At their peak, the Karamanlis' influence reached Cyrenaica and Fezzan covering most of Libya. The founder of the dynasty was Pasha Ahmed Karamanli...
), and El Mabrouk El Bassiouni. - There had been more than 220 defendants faced the accusations at this court in five cases:
- Fabricating the election's results.
- Corruption of the royal palaces and the attendants.
- Corrupting the public opinion.
- Repressing the popular movements.
- Corrupting the political life.
The Verdicts
Most of the verdicts were declared in 1971. Some were declared in 1972. Because of the large number of defendants, only a selection of important and high-ranking officials are shown here.- King Idris I of LibyaIdris I of LibyaIdris, GBE , , was the first and only king of Libya, reigning from 1951 to 1969, and the Chief of the Senussi Muslim order.- Early life :...
: death (in absentiaIn absentiaIn absentia is Latin for "in the absence". In legal use, it usually means a trial at which the defendant is not physically present. The phrase is not ordinarily a mere observation, but suggests recognition of violation to a defendant's right to be present in court proceedings in a criminal trial.In...
). - Queen FatimaQueen FatimaSayyida Fatima el-Sharif , after her marriage Fatima as-Senussi, or Fatima Al-Shifa Al-Sinousi , was Queen of the Kingdom of Libya, the spouse of King Idris I, until Muammar al-Gaddafi's coup in 1969....
Ahmed Sharif es SenussiAhmed Sharif es SenussiAhmed Sharif as-Senussi , the supreme leader of the Senussi order , although his leadership between the years could be considered nominal...
(in absentia): five years in prison and seizing her property. - Crown Prince Hasan as-Senussi: three years in prison.
- Ahmed al-SenussiAhmed al-SenussiAhmed Al-Zubair al-Senussi, also known as Zubeir Ahmed El-Sharif, is a Libyan member of the Senussi house and a member of the National Transitional Council representing political prisoners. He is a great-nephew of Idris of Libya, the only king of Libya, and was named after his grandfather Ahmed...
: death (later commuted and released in 2001) - Idris Ahmed Busaif: seven years in prison.
- Omar Ibrahim El Shalhi: life-time prison (in absentia) and seizing his property.
- Abdel Aziz El Shalhi: seven years in prison.
- Wanis al-QaddafiWanis al-QaddafiWanis al-Qaddafi was Prime Minister of Libya from 4 September 1968 to 31 August 1969.-References:...
: two years in prison. - Mustafa Ben HalimMustafa Ben HalimMustafa Ahmed Ben Halim was the Prime minister of Libya from 12 April 1954 to 25 May 1957. Mustafa was born in exile on 29 January 1921 in Alexandria, Egypt. He graduated with a BS in Civil Engineering from The Egyptian University in Alexandria in 1943. He returned to Libya in 1950 to help with...
: fifteen years in prison (in absentia). - Hussein MaziqHussein MaziqHussein Yousef Maziq a Libyan politician was Prime Minister of Libya from 20 March 1965 to 2 July 1967. He was one of the most important men in the Kingdom era of Libya.-Family background:...
: ten years in prison and 2000 LD fine. - Abdul Hamid al-BakkoushAbdul Hamid al-BakkoushAbdul Hamid al-Bakkoush was Prime Minister of Libya from 25 October 1967 to 4 September 1968. After the proclamation of the Jamahiriya by Gaddafi, he went into exile to Egypt and became one of the leaders of the opposition to the Libyan government.- As Prime Minister :During his term as PM ,...
: four years in prison. - Abdul Qadir al-BadriAbdul Qadir al-BadriAbd al-Qadir al-Badri was Prime Minister of Libya from 2 July 1967 to 25 October 1967....
: four years in prison and 4000 LD fine. - Sheikh Abdul Rahman El Qalhud: four years in prison and 4000 LD fine (prison’s penalty suspended).
- Kalifa TillisiKalifa TillisiKhalifa Mohammed Tillsi was a well known Libyan historian, translator, and linguist.-Life:He was born in Tripoli, Libya, on 9 May 1930, where he first became a teacher then entered politics. In 1952 he worked in the Libyan Parliament where he became its Secretary General in 1962...
: four years in prison and 4000 LD fine (prison’s penalty suspended). - Fadil Ben Zikri: four years in prison (penalty suspended for five years).
- Abdel Hamid Bek Derna: five years in prison and 700 LD fine.
- Es Senussi El Fazzani: three years in prison and 20,000 LD fine.
Aftermath
This was not the only emergency court formed by the revolutionary regime in LibyaLibya
Libya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
. Some civilians were tried by the “Special Military Court”. Respecting high officials of the Kingdom era, some of those sentenced were released in 1974, Like Hussein Maziq. Many prisoners (including many other opponents of al-Gaddafi’s regime) were released in March 1988. But some of them remained in prison until 2001, like Ahmed al-Senussi
Ahmed al-Senussi
Ahmed Al-Zubair al-Senussi, also known as Zubeir Ahmed El-Sharif, is a Libyan member of the Senussi house and a member of the National Transitional Council representing political prisoners. He is a great-nephew of Idris of Libya, the only king of Libya, and was named after his grandfather Ahmed...
, who was released only after thirty-one years in prison (more than Nelson Mandela
Nelson Mandela
Nelson Rolihlahla Mandela served as President of South Africa from 1994 to 1999, and was the first South African president to be elected in a fully representative democratic election. Before his presidency, Mandela was an anti-apartheid activist, and the leader of Umkhonto we Sizwe, the armed wing...
).