Urgent appeal on the execution of sixteen (16) people in eastern Libya and serious concerns about the legality of military trials and the legal basis for death sentences
To Mr. Maurice Tidball-Baines,
United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions
Subject matter: Urgent appeal on the execution of sixteen (16) people in eastern Libya and serious concerns about the legality of military trials and the legal basis for death sentences
Mr. Special Rapporteur,
We would like to draw your attention urgently to the very serious developments regarding the execution of death sentences issued by military courts in the eastern region of Libya, and the serious concerns this raises regarding the right to life, principle of legality in criminal law, the independence of the judiciary, the jurisdiction of the military judiciary and the guarantees of a fair trial. This communication comes in light of developments over the past few days, which are no longer just about death sentences that are feared, but about the actual implementation of the death penalty.
In Libya, members of the judiciary and lawyers face acts of intimidation, kidnappings, and assassination attempts. These incidents clearly show how executive authorities undermine the integrity, independence, and integrity of the judicial system.
First: Sixteen death sentences were carried out in eastern Libya
On 23 August 2026, the Military Prosecutor's Office of the General Command in Eastern Libya announced the execution by firing squad of ten people, who it said had been convicted of terrorism-related crimes and the assassination of military and civilian personnel, and that the sentences had been handed down by the Supreme Military Court after years of judicial proceedings. On 29 August 2026, six additional executions were carried out, bringing the total number of people executed to sixteen.
International press reports confirmed the executions and, according to available reports, carried out in the Garnada military prison near Shehat. The official announcement did not include in the available published information sufficient details on the identity of all those convicted, the case numbers and the specific legal texts on which the sentences were based, which raises the need for an independent and transparent investigation into these facts.
The total number of people executed remains unclear in the light of available information. Although ten executions were confirmed on 23 August 2026 and six more on 29 August, the competent authorities have yet to issue a comprehensive official statement specifying the final number of people executed, their names, case numbers, dates of execution, or the legal basis for each individual case. This lack of transparency raises serious concerns about the right to information and limits the possibility of independent verification of the extent to which legal and procedural safeguards are respected in cases that result in the death penalty.
Second: Trials of Civilians before the Military Courts
This case raises deeper concerns given that the sentences were handed down by military courts, while available information suggests that some those sentenced were civilians.
This issue is of exceptional importance in light of a ruling issued by the Libyan Supreme Court, in its constitutional body, in November 2025, which ruled that the House of Representatives Law No. (4) of 2017 on the trial of civilians before military courts for crimes of terrorism and crimes committed against the state is unconstitutional.
Thus, the execution of death sentences issued by military courts against civilians, following the issuance of this constitutional provision, raises a fundamental question as to the extent to which the legislative basis and jurisdiction under which these sentences were handed down are compatible with the binding constitutional provision.
Third: The Applicable Law and the Principle of legality in criminal law
In addition to the question of jurisdiction, there is a separate issue regarding the criminal texts on which death sentences were based. Law No. 3 of 2014 on Counter-Terrorism, issued by the House of Representatives, is a special law regulating a range of acts that are defined as terrorist offences.
This law is devoid of the prescribing of the death penalty for the acts charged in the cases in question, which raises the question of the legality of the exclusion of private law and the application of general provisions of the Penal Code that provide for a harsher penalty. This issue is all the more important in the light of the principle of criminal legality, the principle of applying the law that is best for the accused, and the inadmissibility of imposing a harsher penalty than the one prescribed by the applicable law.
We therefore request that the legal texts on which each case of execution was based be verified and compared with the texts in force at the time of the commission of the acts and at the time of trial.
Fourth: Articles 195, 206 and 207 of the Penal Code and the Supreme Court's previous ruling
There are also serious concerns about the reliance on articles (195), (206) and (207) of the Penal Code, and other provisions related to attacks on the state, the political system and terrorism, which Justice for All has referred to on more than one occasion.
This issue is particularly important given that these texts are originally from the previous regime and have been widely criticized by international human rights bodies and organizations as being drafted in broad and broad terms, and have been used to criminalize forms of political dissent, peaceful expression and association, in a manner inconsistent with the principle of criminal legality or Libya's international human rights obligations.
In addition, the Constitutional Declaration of 3 August 2011 provided that previous legislation would remain in force only to the extent that it did not contradict its provisions, which required verification of the continued applicability of provisions that were intended to protect the former political system or that were linked to its legislative context.
Article 15 of the International Covenant on Civil and Political Rights also mandates respect for the principle of no crime and no punishment except by text, and the application of the law that is most appropriate for the accused, which is doubly important in cases that end in the imposition of the death penalty.
Accordingly, Justice for All seeks a thorough legal review of the legislative basis on which death sentences were based, to verify the continued enforceability of the applicable provisions, their compatibility with the Constitutional Declaration and international standards binding on Libya, and to ensure that they are not based on overly broad provisions or inherited from a legislative framework that has historically been used to restrict fundamental rights and freedoms.
Fifth: A Documented History of Concerns About Military Trials in Eastern Libya
Concerns about military trials in eastern Libya do not appear to be new. Amnesty International has previously documented the trial of hundreds of civilians before military courts in eastern Libya, and has noted that 22 people have been sentenced to death in a number of cases. In addition, international organizations have raised concerns about the secrecy of trials and the lack of fair trial guarantees, as well as allegations of torture and ill-treatment during pre-court detention.
The execution of sixteen death sentences in August 2026 represents a very serious development in a broader pattern of recourse to military justice in cases affecting civilians.
In light of the above, we request you:
Treat the execution of the 16 death sentences as an urgent matter of the right to life and the integrity of the judicial proceedings that preceded them.
Request urgent information from the competent Libyan authorities on the identity of the executed persons, case numbers, charges against them, the legal texts on which the judgments were based, the judicial body that issued them, and the stages of appeal and appeal they went through.
Request clarification on whether any of the executed persons were civilians, and what is the legal basis for the jurisdiction of military courts to try them.
Verify the impact of the November 2025 ruling issued by the Libyan Supreme Court on the unconstitutionality of trying civilians before military courts.
Request information on the existence of other final or executable death sentences issued by military courts in the Eastern Province, and take urgent action to prevent their execution until their legal and procedural legitimacy is verified.
Call for a moratorium on any future executions until all avenues of judicial review have been exhausted and ensure that all fair trial standards are met.
Request an independent and transparent investigation into the executions of the 16 executions, including pre-sentence and execution procedures.
Consider, where appropriate, the transmission or sharing of such information with the Special Rapporteur on the independence of judges and lawyers, in view of issues relating to the jurisdiction of military justice, the independence of the judiciary and fair trial guarantees.
Consider urgently raising the issue with the Libyan authorities to prevent the recurrence of executions in circumstances that raise serious concerns about legality and procedural justice.
