The Supreme Court’s ruling does not affect the legitimacy of the election of the House of Representatives
Ruseifa news - lawyer Azza Kamel oppressed February decision of the Committee set up by the former Libyan National Congress said amendments overturned on constitutional declaration of the Supreme Court that “the ruling of the Constitutional Chamber of the Supreme Court does not affect the legitimacy of the House of Representatives.”
In its first response to the judgment oppressed added that “the status quo and the consequences of judgment in appeal No. 17 against the unconstitutionality of paragraph (11) of Article 30 of the amended constitutional declaration under the Seventh Amendment has nothing to do with the legitimacy of the Parliament (House of Representatives).”
The lawyer added that “the Supreme Court in its judgment did not cancel the Seventh Amendment to the Declaration, but canceled and only a single item from a (item 11), asking everyone to” return to constitutional amendments and the Declaration of the whole. “
She stressed that the oppressed, “the legitimacy of the House of Representatives depends on a package of legislation, the most important of Law No. 10 of 2014 on the election of the House of Representatives in the transitional phase, which was issued from the General National Congress (former parliament).”
It attributed lawyer legal opinion saying that “item 11, which the court ruled unconstitutional stipulates that works proposal in February to the Committee that the House of Representatives elected decisively the question of the head of state directly elected or indirectly system within a period of not more than forty-five days of his first hearing, consequently, this item is not about elections, new Council of Representatives at all. “
According to the oppressed, “the work of the February committee is divided into two parts: the first to do the constitutional amendments and the second proposal of election law, which was, introduced a proposed constitutional amendments first, who handed the Chairman of the Committee to the President of the General National Congress, a proposal which was released Accordingly seventh constitutional amendment specifically item 11 of it. “
She continued, “After that, the Commission and after the resignation of two of them to submit a proposed election law, which introduced a separate bill after the issuance of the seventh amendment has nothing to do with this amendment and therefore item 11, which abolished by the Supreme Court.”
Her “Based on the proposed (election proposal), the National Congress issued elected House of Representatives No. 10 Law for the year 2014 on 31 March 2014 and amended by Law No. 14 of 2014 ie after issuance of the amendment seventh Constitution on 11 March 2014, in the sense that the legality of the election of the Council are drawn from his election law based on Law No. 10 of 2014, which is still standing and true. “
She pointed out that “the intended proposal in February referred to in item 11 of the seventh amendment of the constitutional declaration is proposed only constitutional amendments put forward by the Commission in February, does not apply to the election of the House of Representatives No. 10 Act of 2014,” saying at the same time that the “rule unconstitutional item 11 of the Constitutional Declaration does not affect the legality of the House of Representatives, which elected its origin issued by the General Conference of the Libyan national law. “
And ruled that the Constitutional Chamber of the Supreme Court in Tripoli on Thursday declared unconstitutional decisions, “committee in February” on amendments to the constitutional declaration and its decision to hold snap parliamentary elections.
The text of the court’s decision on the “unconstitutionality of paragraph 11 of the amended Article 30 of the Constitutional Declaration under the Seventh Amendment dated March 11 (March) 2014 and all the implications of it,” which means the invalidity of the parliamentary elections and then this decision is dissolved.
The words of the Supreme Court (s) of Representatives election rule does not affect the legitimacy of the commission in February Council controls Summary
الرصيفة الأخبارية – قالت المحامية عزة كامل المقهور مقرر لجنة فبراير التي شكلها المؤتمر الوطني الليبي السابق وأبطلت تعديلاتها على الإعلان الدستوري المحكمة العليا إن “حكم الدائرة الدستورية بالمحكمة العليا لا يمس شرعية مجلس النواب”.
وفي أول رد لها على الحكم أضافت المقهور أن “الوضع القائم وتبعات الحكم في الطعن رقم 17 بعدم دستورية الفقرة (11) من المادة 30 من الإعلان الدستوري المعدلة بموجب التعديل الدستوري السابع ليس له علاقة بشرعية البرلمان (مجلس النواب)”.
وأضافت المحامية أن “المحكمة العليا في حكمها الصادر لم تلغي التعديل السابع للإعلان الدستوري وإنما ألغت بندا وحيدا منه فقط وهو (البند 11)، مطالبة الجميع بـ”العودة للإعلان الدستوري بأكمله وتعديلاته”.
وأكدت المقهور أن “مشروعية مجلس النواب تعتمد على حزمة من التشريعات أهمها القانون رقم 10 لسنة 2014 بشأن انتخاب مجلس النواب في المرحلة الانتقالية الذي صدر من المؤتمر الوطني العام (البرلمان السابق)”.
وعللت المحامية رأيها القانوني قائلة إن “البند 11 الذي حكمت المحكمة بعدم دستوريته يقضي بأنه يعمل بمقترح لجنة فبراير على أن يقوم مجلس النواب المنتخب بحسم مسألة رئيس الدولة بنظام انتخاب مباشر أو غير مباشر خلال مدة لا تزيد عن خمسة وأربعين يوما من عقد أول جلسة له، بالتالي فإن ذلك البند لا يتعلق بانتخابات مجلس النواب الجديد مطلقاً”.
وبحسب المقهور فإن “عمل لجنة فبراير ينقسم إلى قسمين: الأول القيام بالتعديلات الدستورية والثاني تقديم مقترح بقانون الانتخاب، وهو ما كان، فقدمت مقترح تعديلاتها الدستورية أولا الذي سلم من رئيس اللجنة إلى رئيس المؤتمر الوطني العام وهو المقترح الذي صدر بناء عليه التعديل الدستوري السابع وتحديدا البند 11 منه”.
وتابعت “بعد ذلك، قامت اللجنة وبعد استقالة عضوين منها بتقديم مقترح بقانون الانتخاب وهو مشروع قانون منفصل قدم بعد صدور التعديل السابع ولا علاقة له بالتالي بهذا التعديل ولا بالبند 11 منه الذي ألغته المحكمة العليا”.
واستطردت قائلة “بناء على المقترح (مقترح الانتخابات) قام المؤتمر الوطني بإصدار قانون انتخاب مجلس النواب رقم 10 لسنة 2014 بتاريخ 31 مارس (آذار) 2014 وتعديله بالقانون رقم 14 لسنة 2014 أي بعد صدور التعديل الدستور السابع في 11 مارس (آذار) 2014، بمعنى أن مشروعية انتخاب المجلس مستمدة من قانون انتخابه استنادا للقانون رقم 10 لسنة 2014 الذي ما يزال قائما وصحيحا”.
وأشارت إلى أن “المقصود بمقترح فبراير المشار إليه في البند 11 من التعديل السابع للإعلان الدستوري هو المقترح بالتعديلات الدستورية فقط الذي تقدمت به لجنة فبراير، ولا يسري على قانون انتخاب مجلس النواب رقم 10 لسنة 2014″ مؤكدة في نفس الوقت أن “الحكم بعدم دستورية البند 11 من الإعلان الدستوري لا يمس مشروعية مجلس النواب الذي مصدره قانون انتخابه الصادر عن المؤتمر الوطني العام الليبي”.
وقضت الدائرة الدستورية بالمحكمة العليا بطرابلس يوم الخميس بعدم دستورية قرارات “لجنة فبراير” بشأن تعديلاتها على الإعلان الدستوري وقرارها بإجراء انتخابات برلمانية عاجلة.
ونص قرار المحكمة على “عدم دستورية الفقرة 11 من المادة 30 من الإعلان الدستوري المعدلة بموجب التعديل الدستوري السابع الصادر بتاريخ 11 مارس (آذار) 2014 وكافة الآثار المترتبة عنه”، ما يعني بطلان انتخابات البرلمان ومن ثم يعتبر بهذا القرار منحلاً.
كلمات دليلية العليا المحكمة النواب انتخاب حكم شرعية لا يمس لجنه فبر اير مجلس ابط مختصر
United troops trying to take back Tripoli
TRIPOLI: Libya’s internationally-recognised prime minister said yesterday that military forces in the strife-torn country had united to try to recapture Tripoli and the second city Benghazi from Islamist militias.
Abdullah Al Thani also expressed his frustration over a lack of support from the international community, calling for foreign weapons and assistance in the fight against the Islamists.
“All military forces have been placed under army command to liberate Tripoli and Benghazi soon, inshallah (God willing),” Thani told AFP in a telephone interview from the eastern town of Al Baida.
Since a 2011 revolution which toppled Libya’s longtime leader Muammar Gaddafi, interim authorities have failed to establish a regular army and had to rely on state-backed militias.
Former rebels who fought against Gaddafi have formed powerful militias and seized control of large parts of turmoil-gripped Libya over the past three years.
On Wednesday, retired general Khalifa Haftar launched an operation against Islamist militias in the eastern city of Benghazi with the backing of army units and civilians who have taken up arms.
The operation is “under the control of the regular army and the control of the government and the parliament,” said Thani.
An AFP count based on hospital sources in the city put the death toll in Benghazi at 66 since Haftar’s offensive began, including eight killed yesterday and four who died in a suicide attack the previous day.
Haftar launched a first, unsuccessful campaign against Islamists in the city back in May but failed to muster support from the authorities who accused the Gaddafi-era general of trying to mount a coup.
Before this week’s assault, Haftar’s forces had been steadily beaten back to a final redoubt at Benghazi’s airport, which has come under attack by Islamists since mid-September.
Thani’s government and parliament, elected on June 25, have taken refuge in the country’s east to escape Fajr Libya, a mainly Islamist coalition which seized control of Tripoli at the end of August.
The fall of the capital followed a weeks-long battle with pro-government militias from the town of Zintan in western Libya.
Thani said the Zintan forces had also been placed under army command and joined regular units which aim to recapture the capital.
“All the forces have been placed under the command of the army to liberate Tripoli,” Thani said.
He branded Fajr Libya as “outlaws” who had set up an “illegitimate” parallel government and alleged the group was the armed wing of movements such the Muslim Brotherhood and other Islamist factions.
Unlike its predecessor, Libya’s new parliament is dominated by anti-Islamist lawmakers. AFP
False dawns and tattered dignity in Libya
Libya Dawn says it has liberated the Libyan capital and protected the country’s revolution, but a traumatised resident says their occupation is far from the vision of freedom glimpsed following the overthrow of Gaddafi
by: Hassan Morajea
Editors note: Lets see what this article is trying to say from the Misurati point of view and not from the Libyan people.
Fighters from the Islamist-aligned Libya Dawn militia which has seized control of Tripoli say they plan to use the capital as a base to spread their revolutionary movement across civil war-hit Libya. They are not in control as they would like to be. The Libyan Dawnshit militia are used to lying they take the motto from Hitler the bigger the lie, the more believable it is – and if you continue to say it maybe come true.
Libya Dawn, led by forces from the northwestern port city of Misrata, last week took Tripoli from the Zintan Brigades, so CALLED because they hail from the western mountain town of Zintan. The former have since focused on establishing control by setting up operation rooms and checkpoints in the south-west of the city. The former meaning the Zintan have sworn allegiance to the Honourable tribes and it’s not only setting up operation rooms and checkpoints in the south-west of the city, it’s all over the city. See what I mean by lying!
“I think that being in control of the capital gives us a good place to start sorting out the rest of Libya,” Mosbah Bla’au, who works in one such operations room, told Middle East Eye. If he was really in control the only thing that he is so cocky is that Ms Deborah Jones ambassador of the USA has recognised this terrorist group as the legitimate group of Libya and not taking in account the Honourable tribes military group.
Mosbah was bemused by a UN resolution last week that called for sanctions against those involved in the recent outbreak of violence, as well as an immediate ceasefire. Of course he was bemused the UN and NATO are the ones who put them in Libya.
“It is unclear what the UN means. What do they expect us to do if we come under attack? Stand and watch?”, he said. That would have been very easy for us, but you and your crew where so scared that you called upon Qatar, Turkey, Saudi Arabia and the USA and asked for assistance, where they sent you some troops, arms and money to BRING CHAOS IN TRIPOLI.
Mosbah says his movement is dismayed at the international community’s reaction to the latest surge in violence because they see their struggle as a continuation of the revolt that overthrew Muammar Gaddafi in 2011. What revolt you idiot? The installed stooges from the CIA, MI6, MOSSAD, QATAR, SAUDI ARABIA AND TURKEY? Its been already confirmed by Jallil that Qaddafi had nothing to do with the KILLING OF DEMONSTRATORS, it was all carefully planned by all of you….
“The world supported us then, so why not now?” he asked. “We are fighting for the revolution so many of our sons died for. We will continue to defend it from anyone.” The world was manipulated, had it known the TRUTH they would have never supported you. What you are trying to install in Libya is another Caliphate to terrorize Europe and do the bidding of Israel.
The Zintan forces that Libya Dawn ousted from Tripoli are aligned with the rogue general Khalifa Haftar, who earlier this year launched an anti-Islamist offensive called “Operation Dignity” from his base in Benghazi in eastern Libya. Here is another lie, the Zintan forces are not aligned with Haftar but with the TRIBES which every journalist and western media are avoiding to talk or even print it in their newspapers.
Mosbah condemned air strikes that killed 24 Libya Dawn fighters on 18 August, which the US says was carried out by Egypt and the UAE. Some critics saw the strikes as a sign that Libya Dawn are gaining an upper hand over Haftar’s forces. Another Lie it was more than 24 killed the number is higher than a 100 men they lost. Which Critics Ms Deborah Jones? or Mr. McCain? please! Another lie: THERE ARE NO HAFTAR’S FORCES BUT THE TRIBE’S FORCES, Haftar’s forces are limited to Benghazi.
The battle for Tripoli is won, he said, but the war is not over as “the militias who controlled south-west Tripoli have fled to the south and the west of the city”. Why don’t you ask him today? Ask him what does he still controls? This Misurati piece of scum thinks he can control Tripoli, he has another think coming.
“They will be rallying and gathering strength, but our forces are ready for any counter-charge” he added. Yes they have to THANK – Qatar, Turkey and Saudi Arabia for that, otherwise we would have crushed them from their first attack.
Haftar’s forces are backed by some of the Libyan state’s special and air forces, as well as other tribal militias. His movement says its main aim is to rid Libya of Islamist militias such as Ansar al-Sharia – a militant group which has assassinated hundreds of Libyan army and police officers over the past two years and welcomed the Libyan Dawn operation when it came on the scene. This is a half lie, Haftar’s forces is backed only by the state’s special forces. The Honourable Tribes just do not bother him for now while he is clearing Islamist militias such Ansar al Sharia.
Ansar were also labeled a terrorist organization by the US government for their involvement in an attack on the US consulate in Benghazi in 2012 that killed ambassador Chris Stevens. This is not true by the accounts of an ex-CIA agent (I believe she has never left the agency). What I mean that Ansar Al Sharia has not been labeled as a Terrorist organisation by the US government otherwise they would have kidnapped the leader which his name is Faraj al-Shalabi instead of Ahmed Abu Khattala. The US government did something better they had Faraj al Shalabi killed because he knew too much about the Benghazigate. Here is the link for you to read… http://libyaagainstsuperpowermedia.org/2014/07/15/benghazigatethe-killing-of-al-qaeda-leader-faraj-al-shalabi-connected-to-the-killing-of-stevens/
Libya Dawn’s victory in Tripoli means that Misratan militias can roam freely in the capital for the first time since last November, when anti-militia protesters from Tripoli clashed with Misratan forces in the Gargour district near Gaddafi’s famous Bab al-Aziezia compound. They never stopped roaming the streets of Tripoli at night and kidnaping, robbing, raping all those goody staff that America foreign policy advocates for Democracy!
Protests that started peacefully ended with Misratan militias firing indiscriminately at the protesters, according to witnesses.
“They hit protesters and even people driving past who had nothing to do with the protest,” said Salah, a real estate lawyer who attended the protests. “Almost 50 people were killed.” The facts are over 70 dead and over 100 injured.
The Misratan militias were ousted from Tripoli and forced back to Misrata two days after the protest. This May, they returned after Zintan forces attacked the Islamist-dominated General National Council, then the country’s parliament, in support of Haftar. This is one of their biggest lie, the Zintan did not attack anyone, it’s the other way around, who ever wrote this article has not done their homework. There was a conference with all militias and were agreed on territories and other things which I can not reveal, after the agreement was signed including the Misurati militia they all left, but for reasons unknown the Zintan’s were on alert, which saved for a few days the international airport the same night the Misurati militia decided to attack the Zintan’s and to try to control the Int. Airport of Tripoli as it brought a lot of money into the country and the Misurati mafia wanted a piece of it. There explanation for attacking the airport was that Hafter had attacked in Benghazi the compound of Ansar Al Sharia so it was pay back time.
Four months later, Libya Dawn, which has ties to Ansar Sharia, but is viewed as less radical, says that the group has completely “liberated” the city from the Zintan Brigades. However, not all the city’s residents agree with that appraisal. When they say liberated they mean they have only the international airport of Tripoli which has been burned down and completely destroyed so there was no reason for the Zintan Brigade to stay there, mainly the Zintan brigade didn’t want to have the responsibility of collateral damage which would be dead civilians from these battles
“We are sick of militias ‘liberating’ us,” Salah said.
Salah said his life was now at risk because of his involvement in the demonstrations.
“I no longer have the will to live here in Libya. I want to leave,” he said as he looked at his young daughter playing on the couch next to her mother. “I want my family to be safe.”
Salah fought in the revolution that toppled dictator Muammar Gaddafi. Back then, the Zintan and Misrata forces played a prominent, joint role in what started as a fight for freedom. But the past three years have seen the two groups drift apart.
“I have friends and colleagues on both sides” said Salah. “But, what these militias are doing now is worse than anything I saw from Gaddafi’s forces in 2011.” Qaddafi didn’t do anything other than protect the Libyan civilians from these goons like Salah..
The Misrata militias have already started ransacking the city and are searching for anyone who might oppose them, with dozens arrested and the homes of anyone allied to Haftar or the Zintan Brigades torched. I wish it was only that they are doing, but Sallah is not telling the whole truth, they kidnap people for ransom, they rape and kill at will just for looking at them wrongly.
Salah points to a burnt-out building he says was destroyed by Misrata militias.
“It was the home of a man from Zintan who had nothing to do with the fighting,” said Salah from his car. Although the building was only a few hundred meters away from his home, he still felt it was too dangerous to linger there.
“For the past three days they [Misrata militias] have been patrolling the area,” said Salah.
Salah said only foreign intervention can stop the fighting, referring to the US embassy’s evacuation in July. “When they [the US embassy staff] left, all it took was just a few jets in the air and not one bullet was fired – the militias fear them [foreign forces]” he said. Well Salah, you should ask the question if it wasn’t for the first intervention from NATO that you so much wanted and look at what it brought what makes you think that a second intervention will do? We will become another Iraq from your stupidity and ignorance.
“If they sent over a couple of F16s or whatever you CALL those jets they will run away,” said Salah, “you don’t even have to target them, just their weapons and ammunition.”
The state’s army and police forces are too weak to defeat the militias, he said. “But if you take away their heavy weapons, it would be different story.” You think?
The hope for democracy that many Libyans felt after Gaddafi’s ouster now seems in the distant past, and the political scene is in as much chaos as the security situation. Everybody is asking for Qaddafi to come back…
The Libya Dawn militias who took control of Tripoli are pushing for a reinstatement of the previous Islamist-controlled parliament – the General National Congress (GNC). The Libyan shitdawn may want Allah to come down to earth that doesn’t mean it will happen, The GNC was not recognized by the Libyan people.
However, a newly elected and anti-Islamist dominated parliament – the House of Representatives (HoR) – has been MEETING for a month in the Haftar – controlled city of Tobruk in Libya’s northeast.
The call for the GNC to be reinstated led to a statement from the HoR describing the Libya Dawn and its Islamist militia allies as terrorist organizations.
The UN has met with all sides of the political and military conflict, but has emphasised that it only recognises the HoR as the legitimate body in control of Libya. That’s a first!
With the HoR and GNC not listening to each other on the political front, and the Libya Dawn, Operation Dignity and other militias determined to stay their ground, it could be a while before Libya is stable again and until Salah – who is still looking for a way out of his country – can walk the streets of his neighbourhood safely again. What the journalist is saying here the other militias are the honourable Tribes which by the way all everybody has joined except the Misurati.
Libya rebels warn Tripoli oil ports to stay closed unless deal implemented
By Feras Bosalum and Ahmed Elumami
A rebel group in eastern Libya that controls several oil ports said on Thursday it would not reopen the key Ras Lanuf and Es Sider terminals unless the government implemented its part of a recent deal to end the oil blockade.
In a sign of further delays to restart vital oil exports from the volatile east, rebels said the Tripoli government had failed to fulfill its part of the accord reached this month.
Diplomats expect both sides to implement the deal eventually as the country badly needs the oil revenue but tactical manoeuvres and mutual mistrust are likely to cause delays.
The row is part of chaos in the North African country where the government cannot control militias who helped oust Muammar Gaddafi in 2011 but have held on to their weapons to make political and financial demands by seizing oilfields or government ministries.
“The government hasn’t fulfilled a single item of the agreement to reopen the ports,” rebel spokesman Ali al-Hasi told Reuters.
Tripoli has not paid state salaries to the rebels – who are former oil guards – as agreed under the deal reached earlier this month to reopen four oil ports, he said.
The agreement also called for a commission to investigate corruption.
So far only the 110,000 barrels a day Hariga port in Tobruk has resumed work, while the Zueitina port is facing technical issues after the long blockage.
Both ports had meant to reopen immediately after the signing of the deal almost three weeks ago with the larger terminals Ras Lanuf and Es Sider restarting after more talks.
There was no immediate comment from the government but cabinet spokesman Ahmed Lamin said earlier the Ras Lanuf and Es Sider ports would be handed over within a month – a claim dismissed by the rebel spokesman unless the government fulfilled its part of the deal.
Lamin said Zueitina port cannot resume exports until outstanding technical issues are fixed.
Sources close to the talks say part of the problem is that some rebels at Zueitina terminal had demanded to be put on the government payroll, a strategy used before in post-Gaddafi Libya to put pressure on a weak central government.
Protests at oilfields and pipelines have also crippled oil production in the west of the OPEC producer, reducing output to around 220,000 bpd from 1.4 million bpd in summer.