MOUNA TOUKA

Libya — Two weeks after the implementation of a flogging sentence against a woman in the city of Sabha, southern Libya, on charges of "adultery," and the subsequent filming and widespread circulation of the execution on social media platforms, the incident continues to spark legal and rights-based debate regarding human dignity, the limits of publishing execution scenes, and the extent of commitment to the principle of equality before the law.

The implementation of the flogging sentence against a woman in Sabha has highlighted gaps in the Libyan Penal Code and Criminal Procedure Law, with legal experts and rights advocates viewing these legislations as incapable of keeping pace with modern standards of justice and fair trial guarantees. While supporters of sentence implementation consider it a matter of law enforcement, rights advocates and activists raise questions about the compatibility of public execution of sentences with human dignity and fair trial guarantees, and whether filming and broadcasting the execution transforms a judicial penalty into a permanent social punishment whose effects extend to the convicted person and their family.

"A Real and Overwhelming Shock"

A human rights activist from Sabha, who preferred to remain anonymous, stated that watching a person being flogged in a public street before passersby—including children and the elderly—cannot be reduced to the phrase "implementation of a judicial ruling." She described the scene as a "real and overwhelming shock."

She added that she had encountered a flogging incident by chance about three years ago, and had not expected to witness such a scene in Libya. She affirmed that what she saw remains present in her memory to this day, leaving her with a feeling of anger and sorrow toward a reality that, in her words, has become capable of treating such scenes as ordinary.

She questioned whether the legal system remains incapable of adopting sanctions that achieve deterrence and accountability without undermining human dignity, noting that many legal systems are moving toward alternative sanctions, such as community service, rehabilitation, and reform programs, making punishment a means of reforming the individual and society, rather than merely inflicting bodily pain or stigmatizing the convicted person.

Review of Laws Is Part of Justice Development

She affirmed that the debate should not be limited to the question of whether the punishment is legal, but should extend to whether it achieves justice and preserves human dignity, explaining that laws are not rigid texts but are subject to review as society's view of human beings and punishment evolves.

She added that advancing societies do not merely apply their laws but constantly review them and test them against the principles of justice and human dignity. She emphasized that she does not want flogging to become a familiar scene in Libya, nor for children to grow up considering physical humiliation a natural part of daily life.

 

Filming Execution and Turning It into a Means of Stigmatization

Journalist and human rights activist Salma Masoud from Sabha stated that assessing the legality of any punishment is not limited to the mere issuance of a judicial ruling, but extends to verifying the availability of all fair trial guarantees—including the right to defense, judicial independence, and the availability of appeal opportunities in accordance with legal procedures.

She considered that filming the execution of the sentence and widely circulating it on social media may transform the implementation of the ruling into a means of stigmatization, infringing on the individual's right to dignity and privacy even after the verdict is issued. She noted that the circulation of such footage leaves far-reaching effects on the lives of the convicted person and their family, especially as content remains circulating online for extended periods, potentially making the punishment extend socially and psychologically beyond the bounds of the judicial ruling itself.

Salma Masoud also noted the sole appearance of the woman in the execution scenes, without the man accused with her in the case appearing, considering that this raises legitimate questions about the extent of application of the principle of equality before the law, and whether the procedures were carried out in the same manner for all parties.

She also called for ensuring equality in the application of law to all parties without discrimination, providing all fair trial guarantees before executing any sentence, and establishing clear rules to prevent the media exploitation of sentence implementation, while at the same time preserving the dignity of the judiciary and individual rights.

The incident has reopened debate on equality before the law, amid questions regarding the execution of the sentence against the other party, and calls to review implementation procedures in a way that balances law enforcement with the preservation of human dignity. Despite two weeks having passed, the case continues to raise questions about the limits of publicity in executing sentences and the role of judicial and security institutions in ensuring their implementation in accordance with the law, preserving the dignity of the judiciary and individuals' rights, and enhancing trust in the justice system.