According to a statement by the High National Elections Commission on Wednesday, Saif Al-Islam Gaddafi was excluded because “Article (10) Clause (7) and Article (17) Clause (5) do not apply to him, of the President’s Election Law No. 1 of 2021.
Legal grounds for exclusion
Clause Seven of Article 10 of the Presidential Election Law on the conditions for candidacy stipulates that he “shall not have been finally convicted of a felony or a crime against honor or honesty,” and Clause Five of Article 17 stipulates the condition of “a certificate of absence from the precedents of the applicant.” candidacy.”
In the context, the adviser to the Libyan Organization for National Security Studies, Ramzi Al-Rumaih, explains that there is a misconception by some that the decision came from the commission, but the matter is on the contrary, according to the procedures stipulated in the law, the candidates’ papers are referred for review at the “Office of the Attorney General, the Passport Department and the Department of Passports.” Passports, Nationality, Foreigners Affairs, and Criminal Investigation Department.
Al-Rumaih added, during his statements to “Sky News Arabia”, that these three parties are responsible for making sure of 3 conditions required in the candidate, which are “not to have been issued a final and final judgment against him, and not to have another nationality without permission, and that he has submitted a newspaper proving that he is free.” of precedents”, which is responsible for recommending the exclusion of Saif Gaddafi.
On the other hand, Raqi Al-Mismari, a professor of law in Libyan universities, said during his statements to “Sky News Arabia” that the large number of accusations, the multiplicity of trials, the issuance of judgments in some of them, the lack of issuance in others, and the weak follow-up by Saif al-Islam due to the circumstances of the disappearance and the inclusion of some of them with amnesty and the lack of inclusion Others, according to the type of crime, all of this has created a state of confusion and doubt about the judicial biography of Gaddafi’s son.
Hence, he was excluded by the Attorney General in implementation of Article 10 of Law No. 1 of 2021 regarding the election of the president, according to the Electoral Commission’s reasoning contained in its Resolution No. 79 of 2021 regarding the exclusion of some candidates for the presidential elections.
Is appeal possible?
Here, the director of the Libyan Nation Center for Studies, Muhammad al-Asmar, explains that Saif al-Islam does not apply to Article 10 because he received a general amnesty, issued by the House of Representatives in 2015, in addition to the Supreme Court’s ruling overturning previous rulings against him, and his cases are still pending before the courts.
And he revealed, in his speech to “Sky News Arabia”, the intention of the legal team surrounding Gaddafi’s son to challenge the exclusion decision, adding that the latter showed respect for the Libyan judiciary, and what will be issued by it, and will abide by the stipulated controls; To maintain the stability of the electoral process.
He pointed out that the appeal is available with a specific timetable, so those wishing to file appeals today, Thursday, have the opportunity to appeal, as the door will close next Saturday, then it will be broadcast on November 30, and the appeal will be received on the decision on the third of next December, then the final results of the appeals will come out on the sixth of this month.
Saif al-Islam Gaddafi was the second candidate to submit their papers to run in the presidential elections, at the headquarters of the Electoral Management Office in Sebha, on November 14, in his first direct public appearance since 2011.
For his part, Raqi Al-Mismari said that after the arrest of Saif Al-Islam, several lawsuits were filed against him, including the charges attributed to him that were committed during the days of the February events, in addition to filing other lawsuits also bearing charges against Saif Al-Islam during the years of his father’s rule.
The professor of law in the Libyan universities explained that the legal defense team for Gaddafi’s son stated that he was only sentenced on one count, which is the killing of protesters, and the ruling was appealed to the Supreme Court, and accordingly, the ruling is not final until their client is excluded from competing in the presidential elections.
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