Original: French
were such that Mr. Gadhafi could not use the provisions applicable in
seeking a remedy. Besides, the documents adduced by the Applicant
show that the Detainee was unable to avail himself of the said remed ies
even when they were available.
69. Indeed , he was first arraigned before a special court called the
"People 's
Court" which
on
23
December
2012,
was
declared
unconstitutional by the Supreme Court of Libya . Despite that, the fact
that Mr. Gadhafi is being detained in a secret location by a revolutionary
brigade and completely isolated from his friends and fam ily, without
access to a lawyer of his choice and sentenced to death in absentia,
constitutes sufficient grounds for the Court to conclude that the Detainee
has been prevented from legally seeking local remedies as prescribed by
Libyan law and that, consequently, it was impossible for him to fu lfil the
condition regarding exhaustion of local remedies.
70.
In view of the aforesaid , the Court finds that the requ irement to
exhaust local remedies is not strictly applicable in the instant case given
that such local remedies are not available and are not effective; and
even if they were, Mr. Gadhafi has not had and does not have the
possibility of using the said remedies .
Consequently, the Appl icant
cannot be expected to exercise such a remedy before bringing the case
before the Court.
71 . As regards the reasonable time requirement, the initial Application was filed
before the Court on 31 January 2013 that is, one year following the firm
conclusion that the Respondent State has not complied with the Provisional
Measures ordered by the Commission on 18 April 201 2. This Application limits
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents