Case LBY
031207.4
Follow-up of case LBY 031207, LBY 031207.1, LBY 031207.2
and LBY 031207.3
Release/ Forced disappearance/ Sentence/ Unfair trial/
Allegation of
torture and ill-treatment/ Risk for safety
The
International Secretariat of the World Organisation
Against Torture (OMCT) has received new information
concerning the following situation in Libya.
New information
The
International Secretariat of the OMCT has been informed
by a reliable source and by Antenna International,
member organisation of OMCT SOS-Torture network, that a
state security court in Tripoli sentenced, on 10 June
2008, Mr. Jamal Alhaji (writer), Dr. Idris Bufayed, Mr.
Fareed Azway (writer), Mr. Almahdi Hmeed (lawyer), Mr.
Assadiq Hmeed, Mr. Faraj Hmeed, Mr. Ali Hmeed, Mr. Ala
Adrisi, Mr. Assadiq Gashoot, Mr. Bashir Alharis, and Mr.
Ahmad Alabeedi, detained in connection with a planned
demonstration against the authorities in February 2007,
to six to 25 years in prison. As to Mr. Adel Hmeed, he
was reportedly released on the same day.
Dr. Idris
Bufayed, who was sentenced to 25 years in prison,
remains in very poor health condition and is still
hospitalised in "Sabrata" hospital for cancer treatment.
There is currently no information as to the status of
his demand for immediate release for medical reasons.
According the
same information received, Mr. Juma Bufayed, whose
whereabouts were unknown since his arrest in February
2007, was released on 27 May 2008. He was reportedly
detained in Abu Salim prison in Tripoli. No further
information is available as to his conditions of
detention and the circumstances of his release. Mr.
Abdel rahman Al-Gteewi, who was arrested along with Mr.
Juma Bufayed and the 12 other men, remains however
reportedly disappeared.
The
International Secretariat of OMCT remains very much
concerned about the forced disappearance of Mr. Abdel
rahman Al-Gteewi, being at particular risk of torture
and ill-treatment. Moreover, OMCT expresses its concern
with the sentencing of the 11 above-mentioned
individuals, who, according to the information received,
seemed to be effectively punished for their peaceful
political opposition to or criticism of the government
and who reportedly faced an unfair trial. OMCT calls on
the Libyan government to exonerate and release the 11
above-mentioned sentenced individuals.
OMCT recalls
that Libya is a State party to the UN Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment and the International Covenant on Civil
and Political Rights (ICCPR), which both prohibit cruel,
inhuman or degrading treatment. In line with their
obligations under these treaties, it is incumbent on the
Libyan authorities to consider seriously any allegations
of torture and ill-treatment made by the victim, and to
undertake a thorough investigation in this regard. OMCT
also recalls to Libya that according to article 9 1) of
the ICCPR “no one shall be subjected to arbitrary arrest
or detention”.
Reminder of the
situation
The
International Secretariat of OMCT was informed about the
trial of 12 men detained in connection with a planned
demonstration against the authorities in February 2007.
Reports indicate that they were allegedly subjected to
torture and ill-treatment. Moreover, two individuals,
who were arrested along with the 12 men, remained
reportedly disappeared.
According to
the information received, Mr. Jamal Alhaji (writer), Dr.
Idris Bufayed, Mr. Fareed Azway (writer), Mr. Almahdi
Hmeed (lawyer), Mr. Assadiq Hmeed, Mr. Faraj Hmeed, Mr.
Adel Hmeed, Mr. Ali Hmeed, Mr. Ala Adrisi, Mr. Assadiq
Gashoot, Mr. Bashir Alharis and Mr. Ahmad Alabeedi were
arrested between 16 and 17 February 2007 and detained in
view of their planned peaceful demonstration to take
place in Tripoli to commemorate the first anniversary of
the killing of at least 12 people and the injuring of
score of more during a demonstration in Benghazi. Mr.
Abdel rahman Al-Gteewi and Mr. Juma Bufayed, Dr. Idris
Bufayed’s brother, were later arrested but no grounds
have been given for their detention and no charge has
been laid against them. The reasons for their detention
are unclear as they were reportedly not part of the
demonstration organisers. There is however reasons to
believe that Mr. Juma Bufayed was arrested because of
his close relationship with Dr. Idris Bufayed, and more
specifically by the phone calls he reportedly made right
after his brother was arrested to inform about the
situation.
Mr. Ahmad
Alabeedi, Mr. Adel Hmeed, Mr. Ali Hmeed, Mr. Faraj
Hmeed, Mr. Almahdi Hmeed, Mr. Assadiq Hmeed and Mr.
Fareed Azway were reportedly presented on 20 April 2007
before a court in the district of Tajoura in Tripoli and
then detained at the Aljadidah prison in Tripoli. Dr.
Idris Bufayed, Mr. Assadiq Gashoot, Mr. Ala Adrisi, Mr.
Jamal Alhaji, and Mr. Bashir Alharis were also
reportedly presented before the same court but were then
transferred to Ain-Zara prison in Tripoli, after
allegedly being detained for at least two months in a
detention centre operated by the Internal Security
Agency in Sikka Street, aka 7th November Street, in
Tripoli.
The 12 men were
reportedly charged with vaguely worded offences
including possession of weapons, conspiracy against the
"Public Authority", conspiring and contact with foreign
enemies, encouraging violence against the State.
According to
the same information, none of the 12 men were able to
meet their lawyers outside the court room. A hearing
reportedly took place on 20 November 2007 but was
postponed to 4 December 2007 because of the absence of
two lawyers appointed by the judge. Moreover, only those
detained at Aljadidah prison were reportedly present at
the hearing. The hearing was further postponed to 8
January 2008 but the reasons of this postponement are
unclear. A new hearing was expected to take place on 13
March 2008 but was then held two days before, on 11
March 2008, when the Revolutionary Security Court
reportedly announced that the judgement would be
rendered at a final hearing on 14 April 2008. However,
the hearing was rescheduled on 15 April 2008 at which
date the court decided to postpone the hearing to 13 May
2008. No reasons were reportedly provided for these
postponements. At the 13 May hearing, Dr. Idris Bufayed
demanded his release for medical reasons. The court
requested a medical report and decided to re-postpone
the hearing to 10 June 2008. All 12 men were present.
According to
the information, all prisoners have allegedly complained
to have suffered acts of torture in the first five
months of their arrest. Mr. Faraj Hmeed and Mr. Almahdi
Hmeed were allegedly punched and beaten with wooden
implements, subjected to falaqa (beating on the soles of
the feet) and placed in a coffin as a form of
intimidation during at least one interrogation session.
They had reportedly to receive medical treatment as a
result. Moreover, those detained at Ain-Zara prison were
allegedly kept in the basement without any light for
months. While the men detained at the Aljadidha prison
were allowed a few family visits (although on an
irregular basis), the detainees at the Ain-Zara prison
were allegedly not allowed any. Furthermore, reports
indicate that Mr. Ahmad Alabeedi, Mr. Jamal Alhaji and
Mr. Fareed Azway are in very poor health condition. Mr.
Fareed Azway reportedly suffers from chronic eye problem
and is mentally stressed.
Regarding Mr.
Abdel rahman Al-Gteewi’s and Mr. Juma Bufayed, their
whereabouts has remained unknown since their arrest in
February 2007.
Actions
requested
Please write to
the authorities in Libya urging them to:
i. Immediately
locate the whereabouts of Mr. Abdel rahman Al-Gteewi;
ii. Guarantee,
in all circumstances, the physical and psychological
integrity of all the 14 above-mentioned individuals;
iii.
Immediately drop convictions of the 11 sentenced
individuals and release them;
iv. Guarantee
immediate and unconditional access to their lawyers,
families and any appropriate medical treatment they may
require;
v. Order a
thorough and impartial investigation into these events,
in particular into the allegations of torture, in order
to identify all those responsible, bring them to trial
and apply the penal and/or administrative sanctions as
provided by law;
vi. Guarantee
the respect of human rights and the fundamental freedoms
throughout the country in accordance with national laws
and international human rights standards.
Addresses
• Colonel
Mu'ammar al-Kaddafi, Leader of the Revolution, Office of
the Leader of the Revolution, Tripoli, Great Socialist
People's Libyan Arab Jamahiriya. Fax : + 218 21 333 01
85
• Secretary of
Justice, Minister Mr Mustafa Abdeljalil, Email:
secretary@aladel.gov.ly; fax nr ++ 218214805427
• Permanent
Mission of the Socialist People's Libyan Arab Jamahiriya
to the United Nations Office at Geneva and International
Organizations in Switzerland, Rue de Richemond 25, 1202
Geneva, Tel: +41 22 959 89 00, Fax: +41 22 959 89 10,
Email:
mission.libye@bluewin.ch
• The Embassy
of the Socialist People's Libyan Arab Jamahiriya in
Brussels , 28 av. Victoria, 1050 Brussels, Belgium, Tel:
+32 2 649 37 37, Fax: +32 2 640 90 76, Email: Libyan
bureau be@yahoo.com
Please also
write to the Diplomatic Representatives of Libya in your
country.
Geneva, 16 June
2008
Kindly inform
us of any action undertaken quoting the code of this
appeal in your reply.
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