Original : French
November 2011, without the possibility of getting himself assisted by a
counsel of his choice.
10. The Applicant further alleges that Libya violated the rights of the
Detainee by failing to comply with the Order for Provisional Measures
issued by the Court on 15 March 2013.
c. The Applicant's Prayers
11. In the Application for a judgment in default dated 15 May 2015, the
Court is requested to take the following measures:
"a) pass a judgment in default against Libya pursuant to Rule 55 of the Rules
of Court and rule that Libya has violated, and continues to violate, Mr.
Gadhafi's rights guaranteed under Articles 6 and 7 of the African Charter
on Human and Peoples' Rights (the "Charter");
b)
grant all the reliefs sought under paragraphs 2(4) of the substantive
Application filed on 24 February 2014 1;
c) declare and rule that Libya has failed to comply with the Order for
Provisional Measures issued by the Court pursuant to Rule 51 (4) of its
Rules;
d) notify the Executive Council and the parties of the above-mentioned
Decisions, and pub lish them pursuant to Rules 51(4) , 64(2) and 65 of
the Rules of Court;
1
"Consequent upon the violations, and as effective remedies in the circumstances , the Applicant
seeks orders directing the Respondent State to fully secure to Mr. Gadhafi his rights as guaranteed
under the Charter by staying the domestic criminal proceedings and immediately ensure:
a) that he retains a lawyer of his choice;
b) that the lawyer of his choice has contact with him in confidence;
c) that the lawyer of his choice is allowed reasonable time to consider the pre-trial steps made so
far, and afforded adequate opportunity without hindrances to seek to challenge any or all of
such steps;
d) that Mr Gadhafi is visited by his friends and family subject to justifiable security
considera tions and his wishes;
e) that the lawyer of his choice and witnesses are duly accorded the necessary protection;
f) that the Respondent State submits to the Court on the measures it has taken to comply with
the Court's Order in this case within sixty (60) day#
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