Original: French
aforementioned
Application
and
transmitted
to
the
latter the
Application , its annexes as well as the Charter, the Protocol , the
Rules and the Practice Directions of the Court.
36. However, in July 2015, it was reported that the Assize Court of
Tripoli, Libya, had sentenced the Detainee to death in absentia , in spite
of the Order of the Court.
37. Highly concerned by the said reports , the Court on 10 August 2015,
and pursuant to Article 27 (2) of the Protocol and Rule 51 (1) of its Rules,
issued a second Order in wh ich it:
"Notes that the execution of capital punishment by the Libyan
Government wou ld be a violation of its international obligations under
the Charter, the Protocol and other Human Rights instruments it has
ratified." (§ 10) and:
i- Orders Libya to take all necessary measures to preserve the life
of Mr. sa·lf Gadhafi and refrain from taking any action that may
cause irreparable harm to the accused and jeopardize the matter
pending before the Court;
ii - Orders Libya to ensure that the accused is given fair
t rial in accordance with internationally recognized fair trial
standards , including the independence of the judic iary and
impartial proceedings as well as the poss ibility for counsel
for the accused , his family or witnesses , if any , to attend
the hearing ;
iii - O rders Libya to take urgent steps to arrest and prosecute those
illegally holding Mr. Sa"lf Gadhafi ; and
iv - Orders L ibya to submit a report to the Court within
fifteen (15) days of receipt of the Order on the measures
it has taken to implement it. "