Tripoli- In Libya, the battle of appeals quickly began after the High Electoral Commission excluded 25 names – including Saif al-Islam, son of the late Libyan leader Muammar Gaddafi – from the presidential election race, while retaining retired Major General Khalifa Haftar and Prime Minister of the National Unity Government Abdel Hamid al-Dabaiba.
The Supreme Judicial Council announced the withdrawal of the decision to amend the executive regulations for the tasks of the electoral appeal committees, after it was specified under several conditions.
The Public Prosecutor in the Office of the Military Prosecutor in Libya asked the High Electoral Commission to stop any procedures related to the candidacy of both Saif Gaddafi and Haftar in the presidential elections, accusing them of committing war crimes.
The request for the candidacy of the Prime Minister of the Government of National Unity, Abdel Hamid al-Dabaiba, sparked legal controversy, especially as he continues in his position, which is in violation of the text of Article 12 of Law No. 1 of 2021 regarding the election of the president, which stipulates that the presidential candidate stops working for a period of 3 months before the elections.
When Saif Gaddafi’s lawyer attempted to file an appeal against his disqualification from the presidential race, an armed group affiliated with Haftar’s forces attacked the Sebha Court of First Instance to prevent Saif Gaddafi’s lawyer from submitting his disqualification appeal, causing the judges and court staff to leave.
The Ministry of Justice denounced the armed attack on the court, describing the aggressors as “outlaws”, while the Ministry of Interior assigned security units to protect all court headquarters concerned with examining appeals related to the presidential and parliamentary elections.
Nominations and controversy
For his part, member of the Supreme Council of State, Ahmed Naqi, confirmed that the presidential elections will be held on schedule, pointing out that preventing Saif al-Islam Gaddafi from running in the presidential elections is necessary, and allowing him to run will not satisfy the majority of the Libyan people and will cause sedition.
Naqi added to Al-Jazeera Net that “the exclusion of Saif Gaddafi should have been before he submitted his candidacy papers due to his extremist and criminal stances against the people and the threat of division and war against defenseless citizens in 2011 in the peaceful demonstrations calling for changing his father’s rule.”
He pointed out that the United States’ interference in the Libyan political affairs has resolved the issue of holding the presidential elections on time, and it is the one who is putting pressure on the political parties and regional and international countries to hold the elections.
The same spokesman believes that the excluded lists are an attempt to reassure the Libyans that controversial personalities will not enter the elections, in addition to the fact that the supporters of the former regime know very well that Saif Gaddafi is not qualified to take power and will not be acceptable, trying to find an alternative for him in the appropriate time.
He predicted that the personalities who will compete in the presidential race and may be candidates to win will not have any precedents in fighting or being involved in corruption files.
Postponing the elections
In turn, a member of the Supreme Council of State, Belkacem Dabarz, believes that the Council continues to demand the postponement of the presidential elections until a constitution is issued for the country that defines the exact tasks of the president and outlines the state’s form and the competencies of the accompanying bodies.
He added, “To move towards the parliamentary legislative elections now is the best in this particular circumstance, until the devastated Parliament and its absurdity and the tragedies it caused for the Libyan people leave, in addition to the fact that the departure of the State Council is the best for Libya.”
Dabur told Al Jazeera Net that the initial screening will be followed by a more accurate sorting based on the appeals submitted against those who all Libyans are criminals running in the presidential elections, and the lists of deportees will follow.
Dabars believes that the differences between the international community have cast a shadow even on the electoral process, and the evidence is the resignation of the UN envoy to Libya at this critical time.
He pointed out that supporters of the excluded candidates will mostly support personalities who will continue in the elections, calling for postponing the presidential elections in accordance with agreed laws that are acceptable to all.
door of appeal
For his part, spokesman for the Libyan National Forces Initiative, Muhammad Shubar, believes that the door for appeal will remain open to stakeholders before the Libyan courts located in the candidate’s field of appeal against the rulings issued after the High Commission published the preliminary list of presidential candidates.
Chopard added to Al Jazeera Net that the fears and challenges of holding the parliamentary and presidential elections on schedule are exacerbated by most of the words of the delegates of the UN Security Council at its last session on the electoral process in Libya.
He considered that the focus of the Security Council members on the fragile security situation and the ongoing disputes over election laws and foreign interference in the electoral process are difficult conditions facing holding the elections on schedule.