AL-QADHDHAFI EXAMINES ROLE OF PEOPLE'S COURT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP05-01559R000400430023-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 22, 2016
• Document Release Date: February 2, 2012
• Sequence Number: 23
• Publication Date: March 9, 1988
• Content Type: OPEN SOURCE

Declassified and Approver Release 2012/02/02 CIA-RDP05-01559R000400430023-3 Id,
FBIS-NES-88-047
10 March 1988
The fact, of course, is that the abyss of decline is
bottomless, and that in their excessive arrogance the
falling always imagine they are rising. History has wit-
nessed the demise of many who were struck by the fever
of invasion, occupation, and expansion, only to be
eventually consumed by the same incurable disease.
Gentlemen, watch out for the coming actions, whether
there is a news blackout or not, for now that thousands
have had their bones broken, citizens have been burned
and dropped alive from planes, nothing remains except
the use of gas chambers.
Settlement of Palestinian Question Viewed
NCO81852 Cairo Domestic Service in Arabic
1240 GMT 8 Mar 88
[Ahmad Sha'ban commentary: "Danger Will Continue
To Engulf the Middle East Until Efforts To Resolve the
Palestinian Issue Begin"]
[Text] Egypt's primary emphasis, since the outbreak of the
Palestinian people's uprising in the West Bank and Gaza
Strip, was that this uprising is a natural outcome of the
Palestinian people's despair and frustration because of the
failure to reach a solution to their problem, and as a result of
the continued aggression against them by the Israeli occu-
pation authorities. This state of frustration may lead to
more dangerous consequences unless action is taken to put
an end to the Palestinian people's suffering.
From this point of view, President Muhammad Husni
Mubarak launched his initiative, which calls for a halt to
all acts of violence in the occupied territories and in the
Gaza Strip. The initiative also sought measures to give
these people confidence in the possibility of reaching a
settlement that would recover their rights.
For this reason, Egypt initiated tremendous diplomatic
efforts that resulted in the EC's declaration of support and
backing for the Palestinian people and their rights. These
efforts also resulted in an active U.S. move, which began
with Murphy's exploratory mission a few weeks ago and
with U.S. Secretary of State Shultz' two visits to the capitals
of the countries concerned with the Palestinian issue.
The Israeli bus incident, which resulted in the martyr-
dom of three Palestinian fedayeen and the killing of
three Israelis, as well as injuries to more Israelis, comes
as unequivocal evidence of the state of frustration and
despair among the Palestinians, which prompted them
to carry out this new suicide operation.
We are not here to assess this incident. However, we
affirm that it is a natural result of the state of ebullition
prevailing among the Palestinians and of the acts of
violence and counterviolence in the towns and villages of
the West Bank and Gaza Strip.
i
ARAB AFRICA
We reiterate that yesterday's incident in the Negev Desert
was not the first of its kind, nor will it be the last, so long as
conditions in the region remain unchanged and so long as
the people of Palestine continue to suffer from grievances
and lack of safety. To make these people feel secure and
safe, active steps are needed in this respect.
Therefore, Egypt's initiative and diplomatic activity,
Jordan's political efforts, and the U.S. role, which Pres-
ident Mubarak has described as a basic factor to promote
the peace process, can, if the intentions of the parties
concerned with the issue are genuine, lead to positive
results in favor of peace and a comprehensive solution.
Thus, we can say that Shultz' current tour, and the U.S.
understanding of the regional situation and the dimen-
sion of the issue, as well as its influence, can boost the
peace process. Together with Egypt's ideas, Shultz' visit
can calm the situation in the occupied territories and can
secure a suitable backdrop for achieving a comprehen-
sive and just solution to the Palestinian issue.
The warning bell, which Egypt has tolled several times
through President Husni Mubarak, is still sounding. The
danger can only be stopped by consolidating efforts and
faithful attempts at a settlement, so that the region can
avoid more dangers and a glimpse of hope for a solution
may loom in the region.
Libya
Al-Qadhdhafi Examines Role of People's Court
LD092305 Tripoli Television Service in Arabic
1719 GMT 9 Mar 88
[Address by Mu'ammar al-Qadhdhafi relayed to the Gen-
eral People's Congress in Ra's al-Unuf from an unidentified
location; date not specified-live or recorded]
[Text] First, I did not want to intervene, because I felt
satisfaction at seeing the people exercise authority in a
better and stronger form than in the past.[words indistinct]
First, who told the people's conferences to put forward
only legists? I heard talk about legists. Did someone tell
the people's conferences to select only legists, to the
extent that you excluded nonlegists? The People's Court
is a political and revolutionary court. It is one of the
instruments of people's power; it is to ascertain, not
confirm, the authority of the law. The courts that work
for the confirmation of the authority of the law are the
ordinary courts. They confirm the authority of the laws
vis-a-vis criminals and offenders.
The People's Court confirms the authority of the people
vis-a-vis those who oppose it. The matter concerns those
who harm the [word indistinct] of the people's power,
which are the decision, wealth, and arms. The law here is
a revolutionary law, not another law.
Declassified and Approved For Release 2012/02/02 : CIA-RDP05-01559R000400430023-3
 Declassified and Approved For Release 2012/02/02 : CIA-RDP05-01559R000400430023-3
W 1P
FBIS-NES-88-047
10 March 1988
Second, no matter how much the legist learns, he does
not learn matters that concern the task of the People's
Court. The People's Court concerns the revolution and
politics. It is not related to the ordinary laws understood
by the graduate of the faculty of law. This does not mean
that the one who graduates from the faculty of law does
not enter the People's Court. No, but it does not mean
that the matter is confined to him alone, either. This is
clear, it is underlined; he can enter it, but it is not
confined to him.
We say that the nonlegist cannot enter the People's
Court, as you did in the morning when you excluded
some individuals because they were not legally qualified.
No, this indeed has nothing to do with ordinary laws. No
matter how learned in ordinary laws, you cannot....
[sentence left incomplete] This cannot qualify you for
the People's Court. You can be a revolutionary, a poli-
tician, illiterate, but revolutionarily politicized, you are
more qualified for the People's Court than one who
understands ordinary laws.
What I am saying is that ordinary laws [words indistinct]
the murderer, premeditated killing, manslaughter, try
the thief, the smuggler, personal status, marriage and
divorce, etc. These matters are not considered by the
People's Court. The People's Court considers cases
which I, in fact, still see as necessary. Extraordinary and
revolutionary courts were set up everywhere because of
this need. I am, in fact, against extraordinary courts. We
have made a decision to abolish the extraordinary
courts. The revolutionary courts are different.
From now on, only the permanent revolutionary court
will remain to try the revolutionaries, to assist the
revolutionaries with regard to their movement inside the
revolutionary committees only. It has nothing to do with
the rest of the people. As to the revolutionary courts,
which spread in order to try people in revolutionary,
political, and economic cases, these are terminated as of
this moment. There is still a need for the People's Court,
and subsequently. the People's Court is now at an inevi-
table stage to prevent excesses against the people.
I saw that every side is arresting people. This is wrong.
Detention should take place only at the request of the
public prosecution. Go and tell the police that the
detention of this person is needed, in daylight, without a
night or dawn raid. The man who comes to arrest him
can perhaps drink tea with him; welcome, you can have
dinner, lunch with him. A man to be arrested in Tripoli
can say: Leave. me, I have something to do in Banghazi
and I will return.
If the matter is not urgent, why not? Let him go and he
will come back. Tell him that you are arresting him with
permission because he is wanted in such-and-such a case.
His family knows and can visit him tomorrow and
attend his trial, so everything is clear. The plurality of the
sides arresting people: This must come to an end. The
plurality of the sides banning people from travel abroad
must end. I was surprised that every side has a file. This
banned from travel. No, this is not a defense of those
banned from travel abroad. Perhaps they should be
prevented from leaving for a good reason, but the
plurality of these sides.... [sentence left incomplete]
I appeal to all those who are banned from traveling to be
in front of the passport office in Tripoli next Saturday,
God willing, to end this matter. We did not release
people from prison in order to imprison them internally.
Libya should be the land of freedom, not a prison.
The People's Court first separates the cases we try on the
basis of politics, ideology, revolution, anything of this
nature. What I mean by ideology is when you have a case
of one saying that we should destroy the mosques and
pray in the open air like [word in distinct]. This is, in
fact, an ideological case. To whom should we refer it? Let
us assume that a man brought a tractor and destroyed
one,' two, three mosques, saying: My belief is that we
should not have these mosques; let us pray in the open
air. To which court should we refer him to prevent him
from destroying the mosques? The criminal court?
Is he a thief, a killer, a smuggler? Was he involved in a
car accident? Has he divorced his wife? None of these
laws apply to him, so this court may not look into his
case. If we try him, we must try him before another
court, at the level of his action. There is also the political
action. We do not refer him because of his political
action to the same court that tries a killer, thief, or
smuggler. A revolutionary idea, a political idea, any
other idea should be considered by the People's Court.
Besides, this requires more than ordinary legal qualifi-
cations. Thus, there is a People's Court. All the people
should be represented in it. Indeed, like we said, it has a
farmer, a worker, a student, a civil servant, even the
illiterate. If I have questions, I bring them before the
people's conferences and ask them to make a law. The
contravention of this law should be considered by the
People's Court at this stage.
I destroyed the prison and I take the responsibility for
this, but this should not remain a revolutionary law
passed by Mu'ammar Al-Qadhdhafi. When Mu'ammar
al-Qadhdhafi is not present, the prison might be filled
once again. Who will then destroy it? There is no one to
destroy it. This will become a law. Therefore, the Peo-
ple's Court sees to it that this law is observed..
I am going to propose to the people's congresses for the
second time-I have already done so at people's con-
gresses-that the death sentence be abolished in Libya.
However, when this becomes law, what will be the
alternative to the death sentence? Some would say that in
a backward society this would lead to encouraging crime,
both political and ordinary crime, since the death sen-
tence would be abolished. However, prison, a life sen-
tence, and such things are much more severe than a
death sentence.
Declassified and Approved For Release 2012/02/02 : CIA-RDP05-01559R000400430023-3
 Declassified and Approved For Release 2012/02/02 : CIA-RDP05-01559R000400430023-3
FBIS-NES-88-047
10 March 1988
What would be the alternative to a death sentence when
it is abolished, if a criminal commits this or that crime
deserving a death sentence? What would the alternative
be? One could say that the alternative would be a life
sentence, for instance, but then we would loose for there
to be no intervention or pardon, for instance, in sen-
tences replacing a death sentences. When a court serves
a sentence concerning a case-a case of treason, for
instance-a death sentence is supposed to be passed.
Treason is punished by a death sentence all over the
world, because treason is perfidious. However, when the
court says there is no death sentence and the person
guilty of treason is punished by a life sentence, then this
must mean life in jail to the end of his days.
No one would then hope that a death sentence would be
commuted for him. No way! No one would be able to
say: They are going to put me in jail and release me after
5 years or 15 years, or there will be a pardon and
one-quarter of the sentence will be dropped. No, no
quarter would be dropped because such a case would be
an alternative to a death sentence. When we say a life
sentence, this must mean life, with no pardon to be
hoped for.
In this jamahiriyah, this state of the masses, I want there
to exist a scene of freedom, in which secret activity is
prohibited. Any idea you may have, just come along to
the people's congresses and deliver a speech. Any idea,
whatever it may be. There cannot be a prohibition on
ideas, or conceptions of things, or proposals, or whatever
someone may have in his mind. Such a person should
not cautious and act in secrecy. No. Any secret activity
must be prohibited because secret activity is not allowed
in any country of the world.
In Britain, which is considered a model of civilization and
traditional democracy in Europe-but as far as we are
concerned, it is a reactionary, backward state, a dictator-
ship-you can go to Hyde Park and say: Oh British people,
come and become Muslims. That is all; they listen to you
and walk away. However, if you secretly go to an English-
man and give him money or put pressure on him, or exploit
him and whisper to him saying: Join Islam, do this-in
other words, in their own language-they say: to push him,
to push him [preceding six words in English]-I do not
know how to render it exactly in Arabic; it means that you
pressure somebody to join you-this would be a serious
crime under their law.
They would say to you: Come, you want to preach for
Islam, then do it openly, do it in Hyde Park. However, if
you come in secret and whisper to somebody or put
pressure on them, to push him [preceding three words in
English] then this would be a crime, unacceptable to
them. All these states that are considered civilized would
not accept this.
Generally, secret activity must be abolished. You are free
to have your ideas; but put them forward openly, there
will never be a punishment for them. You would be
punished if you engaged in secret activity. You would
not be punished for your ideas; you would be punished
for the way you acted. As I have told you, in a state like
Britain you would not be punished for calling for Islam,
no, but for calling to Islam in an unorthodox manner; to
push him [preceding three words in English] punished
for to push him [preceding three words in English]. This
must be banned; that is, in the jamahiriyah, the state of
the masses, secret activity must be banned.
However, this does not mean that it is forbidden to think, to
look into, and to study suggestions, whatever they are. Even
if you say: I want monarchy. Come to the people's congress-
es, and if you can convince the people to set up a monarchy,
convince them. If you say: I do not want it to be an Arab
state, I want it to be a Mediterranean state; if people are
convinced, then make it Mediterranean. However, it is a
danger if you come and say I want to make it this way, but
secretly (?starting) secret cells or a secret activity or cooper-
ate with....[sentence left incomplete]
The use of weapons must be abrogated. If you have an
idea, it must be through convincing others, through
people's congresses. To use weapons in order to impose
these ideas, this is forbidden. Cooperation from abroad,
with anyone abroad, even with a Libyan staying abroad,
is considered cooperation with the enemy, with the
opposing front. We are in one front, and he is in the
opposing front, even if he is your brother, as long as he
has left this front and gone to another front. These are
two armies facing each other, the army of this nation and
the army of the colonialist nations that are against it,
from Zionism to imperialism. It is a crime for the one
inside to cooperate with him.
All this is treason, and there must be laws that deal with
it. This People's Court sees that these laws are respected.
The one who commits treason must not be brought
before an ordinary court. The exception to this is in the
future, when the people's power and the jamahiriyah are
affirmed, and when perhaps the foreign confrontations
lessen and the laws become sophisticated. It is possible
that in the future the People's Court will disappear and
the ordinary courts will become sufficient for this action.
Thus, we have things before us that we have to regulate
by law in the people's congresses. The People's Court will
see that these laws are respected, because I wish that no
one will go to prison again, neither one of the people I
freed nor any new person.
This does not mean that those I freed are innocent. I
know that there are effectively among them some who
are innocent; that is, they get somebody who has com-
mitted a crime who is effectively convicted. However,
about two or three were brough by confusion. This is the
case of the one who had at the time a passenger in his car,
the one who (?signalled to him) had lunch or dinner with
Declassified and Approved For Release 2012/02/02 : CIA-RDP05-01559R000400430023-3
 Declassified and Approved For Release 2012/02/02 : CIA-RDP05-01559R000400430023-3
W ,
FBIS-NES-88-047
10 March 1988
somebody, or is a relative of his. There is effectively a
margin for transgression. Consequently, there are some
people who were in prison, even among those who were
sentenced to death, who are innocent. They came out of
prison and said: We are innocent. There are some of
them who said: Forgive me.
Some of them said: I swear by God I did not betray you,
I did not betray you. Effectively these two aforemen-
tioned groups are right. However, there are some people
who are effectively convicted, sentenced to death, to life
imprisonment. I freed them. This is a pardon. There are,
furthermore, people who deserve to be pardoned because
they are innocent. We want this to be made according to
the law, so that it will not be repeated. That is to say we
do not want to demolish the jails only to find them full
again. God forbid. This should be made according to the
law. That is it entirely; the people shall put their stamp to
it-their fingerprints on this law in full. Underground
work is banned; the use of arms is banned; working with
foreign agents is banned. All this is treason, punishable
by death. You may abolish the death penalty.
What is the alternative to the death penalty? Life impris-
onment, for example. If a person is convicted of treason
because he carried out underground action, or used
arms, or dealt with agents abroad, then his punishment is
life imprisonment-life imprisonment here means
imprisonment for life. Nobody, not even his family,
would then expect him to ever be released from prison.
The People's Court should look after this issue, as it is
possible that a new law may be promulgated by any one
of us or by the people's congresses. Someone might
challenge this by saying that this criminal court is
composed of people who do not understand this matter
and who have no political awareness. It is actually quite
possible that a person who serves in this court may say:
I do not understand politics; I am solely a lawyer who
understands what crime this is. People may say that this
person lacks any revolutionary legal understanding.
True, he may not have revolutionary legal understand-
ing, and they may add that he did not know what verdict
to pass-he only knows how to pass sentence on a thief,
or on a murderer or smuggler, or on a person who has
divorced his wife, or on a wife who has divorced her
husband, etc. However, to say that these cases should be
heard before a revolutionary court, [passage indistinct],
before a four-man appeals court, no, there is no need for
this. The People's Court should be enough. The letter is
set up by the people in order to look into such cases.
If somebody [words indistinct], there are people in all
countries of the world who want to go out, still is forbidden
[words indistinct]. For example, a person has a case to be
heard by the personnel statutes court. His wife and children
have taken him to court, but he does not want to go there; he
leaves the country. The Personnel Statutes Court should say
that that person should not depart, so as not to leave his wife
waiting. Therefore, he should not depart until the court
passes its opinion in this case.
However, because his hindrance from departing is a
matter that is related to his freedom of movement,
[words indistinct] the People's Court should be the one
that can say this person is not allowed to depart, as
travelling abroad is a matter relevant to the Libyan
citizen's right to his freedom to go out. Why can he not
do so? He cannot do so because he first has to divorce his
wife, or he has to pay a fine. All these things fall under
the competence of the magistrates court, the court of
personnel statues.
His traveling outside the Jamahiriyah, however, is a
matter that is relevent to freedom and his sacred right,
which should be guaranteed. The People's Court is the
only court that should decide in this case and say: This
person is not allowed to go out. The People's Court
might, moreover, before deciding, ascertain why such a
person should not be allowed to go out, as travelling
abroad is matter relevent to Libyan citizens' right to
travel abroad. This was the cry of the revolution and the
proclamation of the people's power.
Thus, the People's Court should ascertain why this person's
sacred right is curtailed. The court of personnel statutes
would furnish it with the reasons as to why he should not
travel abroad, because of his wife's case against him,
because he has yet to pay a fine, and because he might stay
abroad 2 or 3 years and leave his wife's divorce suit against
him waiting for that period. Well, he should resolve his case
before the court and then travel abroad.
The People's Court should, as a general rule, look into
the cases of people who are banned from travelling
abroad. The People's Court should not really look into
ordinary cases [words indistinct], but to look into such
cases. This year, and during the forthcoming people's
congresses to be held at the end of this year, God willing,
we are going to put before the People's Congress demo-
cratic laws that would consolidate and bolster freedom as
well as reaffirm the will of the people, the free and the
sovereign people.
Citizens should be free; that is, they should be masters,
which means people should master themselves. The Peo-
ple's Court should be one of the instruments of the people's
power. After all, it is concerned with things that every
Libyan citizen should enjoy in the fields of politics and
freedom, and not offenses and personal cases dealt with by
ordinary courts. Consequently, this court is not restricted to
law graduates. No, law students should not be prevented
from being members of the court, but positions on the court
should not be limited exclusively to them.
Generally speaking, I see that things are proceeding on a
sound, serious, and confident basis; that is, the congress
is on a successful path. I regret the fact that I was forced
to intervene in this matter, but there is no harm in this
Declassified and Approved For Release 2012/02/02 : CIA-RDP05-01559R000400430023-3
 Declassified and Approved For Release 2012/02/02 : CIA-RDP05-01559R000400430023-3
49 0
FBIS-NES-88-047
10 March 1988
because intervention does not do any harm. On the
contrary, I believe that it confirms the people's authori-
ty. Such arbitration is always referred to the basic
people's congresses, in other words, to the people. Arbi-
tration is by the basic people's congresses.
This People's Court is not above the basic people's
congresses, but is subordinate to them. The basic peo-
ple's congress may change it, look into it again. They
may... [pauses] in this period, however, the court is a
guarantee against abuses which I believe have led to the
imprisonment of people, or have prevented people from
leaving the country. They have led to situations in which
some cases required investigation and in which we found
ourselves forced to set up extraordinary courts to exam-
ine these cases. I am abolishing all these things so that
tranquility will prevail and so that everyone will feel that
he is his own master. Anyone who wants to be unfair, to
himself is free to do so.
Anyway, reason has triumphed over ignorance. Onward!
The struggle continues! Thank you. [applause]
People's Congress Sends Letter to Al-Qadhdhafi
LD100048 Tripoli Television Service in Arabic
2054 GMT 9 Mar 88
[Letter from the General People's Congress in Ra's
al-Unuf to Colonel Mu'ammar al-Qadhdhafi-read by
unidentified speaker]
[Text] To: The brother leader and universal thinker, the
revolutionary Colonel Mu'ammar al-Qadhdhafi:
These are glorious moments of the history of our great
revolution, from the fortress of the industrial Ra's al-
Unuf, in the hearts of the steadfast people perfumed and
baptised by the blood of martyrs. This is a time when the
masses of our heroic people are celebrating the 11th
anniversary of the declaration of people's power and the
establishment of the first jamahiriyah in history. It is the
end of the meetings of the General People's Congress,
the conclusion of the final stage of the formulation of the
resolutions of the basic people's congresses concerning
the present and the future of the people, and all that
supports their march, establishes their choices and
achievements, and directs them by the theories of the
pioneering revolution and by the guidance of its leader.
This is a time of the escalation of the Arab revolution
movement, represented in the rise of the revolution of the
stone, the revolution of the generation of anger. These have
nullified all the plans of surrender, and affirm your incite-
ment and the effectiveness of your role in leading the
vanguard of the popular revolution. The members of the
General People's Congress, the Arab and international
members, who have listened to your guidance and been
inspired by your fertile mind, declare their commitment to
the principled standpoint aimed at making the jamahiriyah
a land for all Arabs, a place of freedom in which everybody
ARAB AFRICA
is equal without distinction. They also declare their rejec-
tion of all the proposals to liquidate support of the armed
struggle, as this is the sole solution.
They also seize the opportunity to appraise with pride
and hail with admiration the historical step with which
you inaugurated and made good this anniversary. You
personally demolished the prison walls and freed hun-
dreds of citizens who had gone astray and had been
imprisoned. However, your action in freeing them was
the best example of foregiveness and pardon; it is
advanced notice that the day of freedom is going to be
extended to everybody, make everyone happy, and give
everyone without exception the right to express himself.
We are certain, 0 great leader, that such a colossal act
has blocked the road to all wrong-doers, made every
deceiver miss an opportunity, and put a limit to every
malevolent and cowardly act. A revolution that has
attained such an,achievement is, without any argument,
much bigger than fear, much stronger than its enemies,
and more capable of looking after its colossal achieve-
ments and its huge triumphs.
History will surely bow before any leader who can
achieve such wonders. Forward forever along the path of
the great Fatih! Glory will be yours, 0 great leader!
[applause]
Chadian Cease-Fire `Allegations' Denied
LD101123 Tripoli JANA in Arabic 1025 GMT
10 Mar 88
[Text] Tripoli, 10 Mar, JANA-The people's committee
of the People's Bureau for Foreign Liaison has issued the
following statement:
The Great Jamahiriyah categorically denies the allega-
tions made by Ndjamena that the Great Jamahiriyah has
again violated the cease-fire. These were presented in a
communique from the so-called Chadian Army Supreme
Command.
Libya has nothing to do with the events taking place on
the eastern and Sudanese borders, or in the central,
eastern, and southeastern regions of Chad. Nor does it
have anything to do with what is happening in the
outskirts of Ndjamena. The clashes and battles occurring
in these regions are being carried out by the troops of the
First Army and the tribes of Salamat, Hadjerai, Razig-
hat, and Zaghawa. These groups have been leading a
rebellious movement against Ndjamena's authority.
The Great Jamahiriyah has not violated the cease-fire.
Ndjamena's allegations are in fact nothing but a blatant
maneuver with which Habre is trying to find excuses for
aggression against the Jamahiriyah. Libya is not respon-
sible for the tribes' rebellion; nor is it responsible in any
way for securing the borders of sovereign countries
neighboring Chad.
Declassified and Approved For Release 2012/02/02 : CIA-RDP05-01559R000400430023-3