Libya: HCS votes on suspending communication with parliament

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The High Council of State (HCS) in Libya voted on Sunday to "suspend communication with parliament until the law establishing the Constitutional Court in the city of Benghazi is abolished."

In a statement, the Council of State stated on its Facebook account, that it "held an emergency session in the capital, Tripoli, to discuss the repercussions of the House of Representatives' decision to establish a constitutional court in Benghazi."

"The parliament approved the measures taken to suspend communication with the House of Representatives until the cancellation of this decision, which would exacerbate the situation and the state of division in the country and affect the independence of the judiciary," the statement added.

The Head of the High Council of State, Mr. Khaled El Meshri, announced "the suspension of communication between the HCS and the HoR, and the work of the joint committee, after Parliament approved the law establishing a constitutional court."

"The State Council decided to continue the suspension until the law is revoked," Al-Mashri said in a letter to the Speaker of the House of Representatives, Aguila Saleh, stressing that "the law is not considered among the legislative powers of HoR," and adding that "establishing a constitutional court is a constitutional matter, and it is an act that undermines confidence between the two chambers."

"Approving the law will also destroy efforts to reach consensus on the constitutional path, and deepen the institutional division in the country," he stressed, pointing to "the need to hold an urgent HCS session to look into the violations."

Establishing the Constitutional Court is an affirmation of the protection of freedoms and rights: Saleh

“The establishment of a constitutional court by the House of Representatives and the legislative authority is confirmation of what the members of the Constitutional Track Committee formed from the House of Representatives and the State Council agreed upon, and no one objected to it, which confirms everyone’s desire to establish a constitutional judiciary that protects rights and freedoms,” the Speaker of the House of Representatives, Aguila Saleh, said.

“We affirm that the House of Representatives’ issuance of the law establishing the Constitutional Court is an affirmation of the protection of freedoms and rights," he added, expressing his surprise at why the law of establishing a constitutional court was attacked.

On Tuesday, the House of Representatives passed a law with a majority of votes to establish a constitutional court. The move, however, was rejected by the HCS.

Oil-rich Libya has remained in turmoil since 2011 when longtime ruler Muammar Gaddafi was ousted after four decades in power.

Libya has been suffering from an escalating political crisis with a dispute between two governments. The first was headed by Fathi Bashagha, who was granted confidence by the Libyan House of Representatives, held in Tobruk, the far east of the country last March.

Second, comes the Libyan National Unity Government, which stems from political agreements sponsored by the United Nations, more than two years ago, headed by Abdul Hamid Dbeibeh, who refuses to hand over power except through presidential and parliamentary elections.