CIAO DATE: 05/2013
April 2013
There are many necessary cures to Libya’s pervasive insecurity, but few more urgent than repairing its judicial system. Qadhafi-era victims, distrusting an apparatus they view as a relic, take matters in their hands; some armed groups, sceptical of the state’s ability to carry out justice, arbitrarily detain, torture or assassinate presumed Qadhafi loyalists; others, taking advantage of disorder, do violence for political or criminal aims. All this triggers more grievances, further undermining confidence in the state. Breaking this cycle requires multi-pronged action: delivering justice to former regime victims by reforming the judiciary and kick-starting transitional justice; screening out ex-regime loyalists guilty of crimes while avoiding witch-hunts; and reining in armed groups, including those operating under a state umbrella. Unless there is a clear message – the justice system is being reformed; no violence or abuse, done in the past by Qadhafi-era officials or in the present by armed groups will be tolerated – there is a real risk of escalating targeted assassinations, urban violence and communal conflicts. It has been well over a year since Qadhafi’s regime was ousted and still there is no functioning court system in many parts of the country, while armed groups continue to run prisons and enforce their own forms of justice. The severe deficiencies of the current judicial system are rooted, first and foremost, in the failings of the one that, in principle, it has replaced. Under Qadhafi, the judiciary suffered from politicisation of appointments, rampant corruption and the use of extrajudicial means to target political opponents. Four decades of such arbitrary justice served as a burdensome backdrop to the new government’s efforts; faced with a choice between summarily dismissing judicial officers who served under Qadhafi or gradually screening them one-by-one, the new authorities so far have opted for the latter. While this was the right decision, it has contributed to public scepticism regarding the scope of change.
Resource link: Trial by Error: Justice in Post-Qadhafi Libya [PDF]