The assassination of judges in Libya undermines justice and threatens the foundations of the rule of law

Cairo, 18^th June 2013 

The assassination of judges in Libya undermines justice and threatens the foundations of the rule of law

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) expresses its strong dissatisfaction, about the recurrence of the attack on the lives of Libyans judges, and the threat of their right to life due to and during the performance of their profession, which poses a threat to the situation of justice in Libya and attack on the foundations of the rule of law.

The ACIJLP is concerned that the assassination of Judge Mohamed Naguib Huwaidi - President of the Court of Cassation in Green Mountain province - who was assassinated on June 16, 2013 in city of Derna during leaving the courthouse, is an extension of a series of assassinations against Libyans judges during the performance of their profession, in particular many Libyan judges were assassinated before, including, for example, judge Murad Alraoby in the Tripoli and judge Gomaa Al-Gazawy in Benghazi.

The ACIJLP indicates that the repetition of the threat of the right of Libyans judges to life, although it would undermine justice, it is on the other hand threatens the collapse of the rule of law which constitute the judicial authority.

The ACIJLP expresses its fear about the situation of justice and independence of the judiciary in Libya, as a result of these attacks. Moreover, the ACIJLP holds the Libyan government direct responsibility, for failure to provide the necessary protection – in a way that do not obstruct justice movement of the judges, a matter which represents a violation of the treaties and covenants relevant to the situation of justice, in particular the UN Basic Principles on the Independence of the Judiciary.

The ACIJLP calls upon the concerned Libyan authorities to provide adequate protection for judges, their associates and their families, and to secure the role of justice, in order to ensure the provision of guarantees of the proper administration of justice and to maintain protection of the judges' right to life.

The ACIJLP calls upon the Libyan authorities to take the necessary measures related to prosecution of the perpetrators and those involved in the assassinations of judges, brought them to the prompt and fair trials and combating impunity in support of the situation of justice and the proper functioning.