Libya – Fathallah Al-Jidi is a member of the Libyan Society for Political Science and International Law. He warned against involving the judiciary in political conflict. Al-Jidi affirmed that the judicial institution’s independence is the last guarantee for state unity.
Al-Jidi spoke in special statements to Sputnik news agency. He explained that tensions within the judiciary pose a real danger. He noted that Libyans see the judiciary as the last unified stronghold. This is despite the division of other institutions.
He pointed out that the division affected the legislative and executive authorities. However, it previously spared the Supreme Judicial Council. The Council largely avoided political skirmishes. Yet, a controversy arose after a ruling on the “February Committee” outcomes. Subsequent disputes reopened the door. This allowed attempts to influence the judicial institution.
Al-Jidi also highlighted a past decision by former Supreme Court President Counselor Mohammed Al-Hafi. Al-Hafi suspended constitutional appeals. This decision aimed to prevent the judiciary from becoming a tool in political conflict. Al-Jidi believes the timing of some rulings could directly deepen divisions. This is true even if they are legally sound.
Al-Jidi described the creation of a constitutional court as a highly sensitive development. This step also abolishes the Supreme Court’s constitutional review jurisdiction. He warned that the legislature’s formation of this court could weaken its neutrality. It might also expose it to political influence. This could paralyze the constitutional oversight system.
He noted that recent Supreme Court rulings declared certain laws unconstitutional. These rulings were met with non-compliance. This led to tensions within the Supreme Judicial Council. There were also attempts to move some judicial departments to Benghazi. This reflects the extent of the ongoing conflict.
Al-Jidi emphasized that the Public Prosecutor’s Office remains unified. He considers this a crucial balancing factor. He attributed this to the personality of Public Prosecutor Counselor Al-Siddiq Al-Sour. Al-Sour adopts a realistic approach based on feasibility. This has helped maintain some stability within the Public Prosecution.