On 28 July 2015, 37 former officials of the Gaddafi regime will learn of their fate as the Tripoli Appeals Court renders its verdict, both on conviction and sentencing, in Case No. 630/2012, commonly known as the “Government Officials Case”. The verdict to be issued at Al Hadba detention facility will strike against those not present in court, those that have not been legally represented or even brought before a judge and those whose evidence was obtained by mistreatment at the hands of armed militia.
 
As the internationally recognised government of Libya, the House of Representatives has highlighted its serious concerns regarding the lack of impartiality and independence of proceedings in Case No. 630/2012. The United Nations, State representatives and civil actors have echoed these concerns. The fairness and integrity of the proceedings has fallen way below international standards of legality and human rights so much so that justice cannot be meted out in these circumstances.
 
A key component in any criminal proceeding is the victims right to fairness, secure in the fact that any conviction is not open to criticism, suspicion or doubt. Libya’s victims of torture cannot be expected to obtain justice in proceedings that have been found to involve torture by the UN Special Rapporteur on Torture. The tragedy of this outcome weighs heavily on the victims, the defendants, their lawyers and their families.
 
Given the fact that the Al Hadba detention facility is controlled by militia, who respect neither law nor Government authority, any verdict must be presumed to have been tainted by coercion and fear, making a mockery of Libya’s judicial institutions. Any imposition of the death sentence will amount to extrajudicial execution. Any custodial sentence is a life sentence. Any acquittal rendered will be no more than a token acquittal, which, as prior practice has proven, are handed out and never implemented.
 
Regardless of the titles these 37 men had in a former life, they remain human beings to whom the rule of law demands Libya to recognise their inherent dignity and equal and inalienable rights. Failure to do so will only stain Libya’s collective conscience.