Follow-up of case LBY 031207_Postponement to 8 January 2008

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 the OMCT SOS-Torture network, that the hearing before the State Security Court in Tripoli of the 12 men (see names below), detained in connection with a planned demonstration against the authorities in February 2007, scheduled on 4 December 2007, was postponed to 8 January 2008. The reasons of this postponement are yet unclear.

According to the information received, only those detained at Aljdiadah prison were present at the court on 4 December 2007.

Mr. Abdel rahman Al-Gteewi and Mr. Juma Bufayed, who were arrested along with the 12 men, remain reportedly disappeared.

The International Secretariat of OMCT remains very much concerned about the forced disappearance of Mr. Abdel rahman Al-Gteewi and Mr. Juma Bufayed, being at particular risk of torture and ill-treatment. Moreover, OMCT expresses it concern with the detention and trial of the 12 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. OMCT calls for their immediate and unconditional release in the absence of valid legal charges, or, if such charges exist, bring them before an impartial, independent, competent and fair tribunal and guarantee their procedural rights at all times. 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 the 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. Idis 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, Mr. Ahmad Alabeedi, Mr. Abdel rahman Al-Gteewi and Mr. Juma Bufayed, 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. 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. Idis 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 offences including possession of weapons, conspiracy against the "Public Authority", conspiring and contact with foreign enemies, encouraging violence against the State. If they are found guilty, they might reportedly face death penalty.

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.

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 have remained unknown since their arrest in February 2007.

Actions requested

Please write to the authorities in Libya urging them to:

1. Immediately locate the whereabouts of Mr. Abdel rahman Al-Gteewi and Mr. Juma Bufayed;
2. Guarantee, in all circumstances, the physical and psychological integrity of all the 14 above-mentioned individuals;
3. Order their immediate release in the absence of valid legal charges, or, if such charges exist, bring them before an impartial, independent, competent and fair tribunal and guarantee their procedural rights at all times;
4. Guarantee immediate and unconditional access to their lawyers, families and any medical treatment they may require;
5. 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;
6. 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, 6 December 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.