Libya
04.11.10
Statements
OMCT and HRS obtained the condemnation by the UN Human Rights Committee of the Libyan Government for torture, enforced disappearance and subsequent death of Mr. Bashasha
Within the framework of their activities consisting infighting for the rehabilitation of the victims of torture and otherill-treatment and for the sanction of the authors of these violations, theWorld Organization Against Torture (OMCT) and Human Rights Solidarity (HRS)submitted on behalf of victims - and relatives of victims - of grievous humanrights abuses, several communications against the Libyan Government to theUnited Nations Human Rights Committee (HRC). This State party disregards itstreaty obligations and especially its fundamental obligations to respect theright to life and physical and psychological integrity of its nationals.
HRS together with OMCTsubmitted the communication No. 1776/2008 before the HRC on behalf of therelatives of Miloud Ahmed Hussein Bashasha, a Libyan citizen. The HRC concludedduring its 100th Session that the Libyan Arab Jamahiriya violatedthe International Covenant on Civil and Political Rights in the case Bashasha v. the Libyan Arab Jamahiriya.The HRC held responsible Libya for arbitrary arrest,incommunicado detention, torture,enforced disappearance and subsequent death and for not having provided thevictims with an effective remedy[1]. MiloudAhmed Hussein Bashasha, a Libyan citizen was arrested, without a warrant, inOctober 1989 by internal security officers, armed and in plain clothes in Libya. This arrest coincidedwith the mass arrests carried out by the Libyan authorities in 1989 when theregime was cracking down on perceived dissidents. The State Party did notprovide any explanation on the victim’s arrest, subsequent incommunicadodetention in harsh conditions and the subsequent death in 1996[2].This was clearly considered as an enforced disappearance which caused to theclose family, including his cousin, author of the communication, acute, longand chronic mental anguish due to the uncertainty of his fate. OMCT and HRSexpress great satisfaction with the Views adopted by the HRC. According to thedecision, the State Party must conduct a thorough and effective investigationinto the disappearance and death of Miloud Ahmed Hussein Bashasha,provide adequate information resulting from its investigation and prosecute,try and punish those held responsible for the violations. It is also requiredto return to the family the mortal remains of Miloud Ahmed Hussein Bashasha andprovide adequate compensation for his family for the suffering they endured. The HRC’s decision further provides that the Libyan authoritiesmust inform the Committee within 180 days of the measures taken to give effectsto the Views. The State party is also underan obligation to take measures to prevent similar violations in the future. Thecase is emblematic of the Libyan authorities' abysmal human rights record,especially regarding the widespread practice of arbitrary detention, tortureand enforced disappearance and the related impunity. Eric Sottas, OMCT’s SecretaryGeneral, considers that “the HRC’s decision adopted in the framework of itsquasi-judiciary mandate finally enables, 14 years after the facts, to establishthe responsibility of the Libyan authorities for torture, enforceddisappearance and subsequent death of one of the numerous persons arbitrarilyarrested in 1996. This courageous decision of the Committee makes up for thefailures of the Libyan judiciary system, whose dependence to the regime isunfortunately well known. Indeed, as already observed in various other cases,the Libyan judges turn at to be unable to conduct independent investigations,to sanction the authors and to compensate the victims or their family. TheCommittee enjoined Libya to open animpartial investigation and to take the necessary measures to end with thescandalous impunity of the authors. If Libya should notimplement this request, we hope that the international community, in theframework of the Universal Periodic Review, during the current session of theHuman Rights Council, would adopt steadfast and effective position and measuresin order for international human rights standards to be finallyrespected”. OMCT and HRS callupon the State of Libya for the full and effective implementation of theCommittee’s decision in the case of Bashashav. the Libyan Arab Jamahiriya and to ensure the respect of human rights andfundamental freedoms throughout the country in accordance with internationalhuman rights standards. Contacts: Eric Sottas, World Organisation Against Torture : +4122 809 49 39Khaled Saleh, Human RightsSolidarity : +41 76 570 19 63
[1] The HRC concludedthe State party violated articles 6 and7 alone and read in conjunction with article 2 § 3, article 9, article 10 § 1of the Covenant with regard to Miloud Ahmed Hussein Bashasha and a violation ofarticle 7 of the Covenant with regard to the author himself, the victim’scousin. [2] UN Doc.CCPR/C/100/D/1776/2008, Human Rights Committee, Views: Communication No. 1776/2008, 20 October 2010, §2.6 and 2.7: “The family has made numerous attempts to locate him in vain. The familysuspected that Miloud Ahmed Hussein Bashasha was being detained at the Abu Salimprison, where many persons arrested in the fall of 1989 were detained. Releaseddetainees reported on the extremely poor conditions of detention, severeovercrowding, systematic beatings and undernourishment. The UN SpecialRapporteur, Sir Nigel Rodley, reported, in 1999, that the prison conditions inAbu Salim were harsh, overcrowded and unsanitary. Furthermore, he indicatedthat the lack of adequate food, medical care and the use of torture and otherforms of ill-treatment had resulted in the deaths of political prisoners”.
HRS together with OMCTsubmitted the communication No. 1776/2008 before the HRC on behalf of therelatives of Miloud Ahmed Hussein Bashasha, a Libyan citizen. The HRC concludedduring its 100th Session that the Libyan Arab Jamahiriya violatedthe International Covenant on Civil and Political Rights in the case Bashasha v. the Libyan Arab Jamahiriya.The HRC held responsible Libya for arbitrary arrest,incommunicado detention, torture,enforced disappearance and subsequent death and for not having provided thevictims with an effective remedy[1]. MiloudAhmed Hussein Bashasha, a Libyan citizen was arrested, without a warrant, inOctober 1989 by internal security officers, armed and in plain clothes in Libya. This arrest coincidedwith the mass arrests carried out by the Libyan authorities in 1989 when theregime was cracking down on perceived dissidents. The State Party did notprovide any explanation on the victim’s arrest, subsequent incommunicadodetention in harsh conditions and the subsequent death in 1996[2].This was clearly considered as an enforced disappearance which caused to theclose family, including his cousin, author of the communication, acute, longand chronic mental anguish due to the uncertainty of his fate. OMCT and HRSexpress great satisfaction with the Views adopted by the HRC. According to thedecision, the State Party must conduct a thorough and effective investigationinto the disappearance and death of Miloud Ahmed Hussein Bashasha,provide adequate information resulting from its investigation and prosecute,try and punish those held responsible for the violations. It is also requiredto return to the family the mortal remains of Miloud Ahmed Hussein Bashasha andprovide adequate compensation for his family for the suffering they endured. The HRC’s decision further provides that the Libyan authoritiesmust inform the Committee within 180 days of the measures taken to give effectsto the Views. The State party is also underan obligation to take measures to prevent similar violations in the future. Thecase is emblematic of the Libyan authorities' abysmal human rights record,especially regarding the widespread practice of arbitrary detention, tortureand enforced disappearance and the related impunity. Eric Sottas, OMCT’s SecretaryGeneral, considers that “the HRC’s decision adopted in the framework of itsquasi-judiciary mandate finally enables, 14 years after the facts, to establishthe responsibility of the Libyan authorities for torture, enforceddisappearance and subsequent death of one of the numerous persons arbitrarilyarrested in 1996. This courageous decision of the Committee makes up for thefailures of the Libyan judiciary system, whose dependence to the regime isunfortunately well known. Indeed, as already observed in various other cases,the Libyan judges turn at to be unable to conduct independent investigations,to sanction the authors and to compensate the victims or their family. TheCommittee enjoined Libya to open animpartial investigation and to take the necessary measures to end with thescandalous impunity of the authors. If Libya should notimplement this request, we hope that the international community, in theframework of the Universal Periodic Review, during the current session of theHuman Rights Council, would adopt steadfast and effective position and measuresin order for international human rights standards to be finallyrespected”. OMCT and HRS callupon the State of Libya for the full and effective implementation of theCommittee’s decision in the case of Bashashav. the Libyan Arab Jamahiriya and to ensure the respect of human rights andfundamental freedoms throughout the country in accordance with internationalhuman rights standards. Contacts: Eric Sottas, World Organisation Against Torture : +4122 809 49 39Khaled Saleh, Human RightsSolidarity : +41 76 570 19 63
[1] The HRC concludedthe State party violated articles 6 and7 alone and read in conjunction with article 2 § 3, article 9, article 10 § 1of the Covenant with regard to Miloud Ahmed Hussein Bashasha and a violation ofarticle 7 of the Covenant with regard to the author himself, the victim’scousin. [2] UN Doc.CCPR/C/100/D/1776/2008, Human Rights Committee, Views: Communication No. 1776/2008, 20 October 2010, §2.6 and 2.7: “The family has made numerous attempts to locate him in vain. The familysuspected that Miloud Ahmed Hussein Bashasha was being detained at the Abu Salimprison, where many persons arrested in the fall of 1989 were detained. Releaseddetainees reported on the extremely poor conditions of detention, severeovercrowding, systematic beatings and undernourishment. The UN SpecialRapporteur, Sir Nigel Rodley, reported, in 1999, that the prison conditions inAbu Salim were harsh, overcrowded and unsanitary. Furthermore, he indicatedthat the lack of adequate food, medical care and the use of torture and otherforms of ill-treatment had resulted in the deaths of political prisoners”.