‘Trial of Gaddafi team a missed opportunity for justice’

In the report issued on Tuesday, the Office of the UN High Commissioner for Human Rights and the UN Support Mission in Libya recognised the challenge of trying former members of the regime, especially amid armed conflict and political polarisation. 

They noted that the trial raised concerns such as serious violations of due process, including prolonged periods of incommunicado detention for the defendants amid allegations of torture which were not properly investigated. 

“Holding perpetrators responsible for violations is vitally important but accountability should be the result of due process and a fair trial,” UN High Commissioner for Human Rights Zeid Raad Al Hussein said in a news release detailing the reports findings on the trial proceedings that examined violations of human rights during the 2011 civil uprising that toppled the long-time Libyan leaders regime. 

“This trial was a missed opportunity for justice and for the Libyan people to have the chance to confront and reflect on the conduct of the former regime,” he said. The report also said the Libyan authorities should also ensure the surrender of Saif al-Islam Gaddafi to the International Criminal Court (ICC), in compliance with Libyas international obligations. 

Of the 37 members of the former regime under trial including Gaddafis son Saif al-Islam Gaddafi, former intelligence chief Abdullah al-Senussi and former Prime Minister Al-Baghdadi al-Mahmudi, six defendants were sentenced to death; eight given life sentences; 15 others jail terms of five to 12 years; four were acquitted on all charges; and one was referred to a mental health institution.