9
The Libyan Penal Code was dwelt on making human life the
most cherished of these rights; therefore a highly critical penal
legislation was enacted based on Islamic Shari'aa and related
Human Rights Charters endorsed by the Libyan community.
Interest in the right to life went so far as to prohibit pre-natal
murder of fetus in his mother's womb and during neonatal
period and until his death. Further, the Libyan Law declined to
sanction the so-called euthanasia for reasons of having mercy on
hopelessly ill persons to end their sufferings. This comes in
affirmation of the right to live as sacred.
The 1988 Great Green Charter of Human Rights in the Era of
Masses, in turn, had promoted the right to life, citing in its
Article 8 that the sons of the mass society "revere and maintain
human life". It rather envisaged rudimentary limitations for
death penalty by stating "that execution is exclusively for the
one whose life inflicts injury or induces wrongdoing, being the
same determinants quoted in the Holy Qoran, as well as in the
Freedom Promotion Law no 20/1991.
This position that sanctions capital punishment in specific cases
and in accordance with the Law (as cited in the Penal Code and
Criminal Procedure Law) is finely tuned with the International
Law on Human Rights which has not, as some may believe,
abolished it altogether but rather mandated that it should not
involve arbitrary verdicts or be judged as beyond the scope of
the law (Article 6 of the International Covenant on Civil and
Political Rights for 1966). The Libyan stance is in full harmony
with the prerequisites stated in Article 4 of the 1981 African
Charter of Human and Peoples' Rights regarding the right to life.
The Libyan Law approves death sentence as penalty for
committing particular types of murder crimes, notably murder
with premeditation, or those grossly or brutally perpetrated, or
still crimes targeting large numbers of people. Other murder
crimes such as manslaughter or those committed without
premeditation or in protection of honor or money, are not,
according to Libyan Law, punishable by execution; lighter