20110416
arusha times

The Arusha-based African Court of Justice and Human Rights has summoned the troubled Libyan leader, President Muammar Gaddafi and his regime to appear before the court for violating human rights.

The little-known court is housed in the Tanzania National Park Authority (TANAPA) complex adjacent to Burka Coffee Estate.

The Gaddafi's regime, according to a statement from AfCHPR has been ordered to appear before this Africa's highest court to face charges of "massive violations of human rights" for killing peaceful demonstrators in the early days of the Libya's uprising.

Mr Kamel Grar, the Senior Information and Communication Officer for the African Court on Human and Peoples' Rights stated here that the "order for provisional measures" issued by the court unanimously declares that the "government of the Great Socialist People's Libyan Arab Jamahiriya" must also immediately refrain from any action that would result in loss of life or breach human rights.

It also summons the Tripoli regime to appear before the court to explain what measures have so far been taken to implement the order which was dispatched to them about two weeks ago.

The African court on human and peoples' rights which is located in the Majengo-Burka area in the Arusha City suburbs and presided by Justice Gerald Niyungeko of Burundi, is the continent's equivalent of the European court of human rights.

The legal action against Gaddafi's regime was reportedly initiated by another continental body, the African Commission on Human and Peoples' Rights.

The court documents state that the commission has received "successive complaints against Libya". Peaceful demonstrations in the Libyan cities of Benghazi, al-Baida,

Ajdabiya, Zawiya and Derna were "violently suppressed by security forces" who "opened fire at random" on 19 February, the commission alleges.

It also accuses President Gaddafi's forces of "excessive use of heavy weapons and machine guns against the population, including targeted aerial bombing", which amount to "serious violations" of the right to life, freedom of expression and freedom of assembly.

The indictment refers to other international condemnations, including the initial UN security council resolution on 26 February that criticized the regime for violation of human rights and the Arab League's call for an end to violence. The order is signed by 12 judges, including the court's president and vice-president

The African Court on Human and Peoples' Rights was a regional court that was created initially to make judgments on African Union states' compliance with the African Charter on Human and Peoples' Rights.

It came into being on January 25, 2004 with the ratification by fifteen member states of the Protocol to the African Charter on Human and Peoples' Rights Establishing the AfCHPR.

On July 1, 2008, during the African Union Summit of Heads of State and Government in Sharm El Sheikh, Egypt, the court merged with the African Court of Justice following a decision by member states at a June 2004 African Union Summit.

The Arusha-based court is now known as the African Court of Justice and Human Rights.